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2022 Supreme(Online)(AP) 3641

HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE TWENTY FIFTH DAY OF AUGUST

2022:APHC:28402

TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3931 OF 2020 Between:

1. Kalasamudram Krishnaiah, S/o Narayanappa, Aged about 52 years, Collie, R/o 9-1A, Pamudurthi Village, Bukkapatnam Mandal, Ananthapur District. ...PETITIONER(S)

AND:

1. THE STATE OF AP rep by its Prl Secretary, (Labour) Department, Secretariat, Velagapudi, Guntur District.

2. The District Collector District Magistrate, Anantapur District, Anantapur.

3. The Project Director, DRDA(Velugu), Anantapur District, Anantapur.

4. The Tahsildar , Bukkapatnam Mandal, Bukkapatnam, Anantapur District

5. Oriental Insurance Company (OIC) 48-14-111, 2nd Floor, Sri Nithya Complex Rama Takies Road, Vizag-530013. Rep.by its Authorized Officer / Manager.

6. Life Insurance Corporation of India, e - sat Office,Vijayawada Rajagopalachari Street,Vijayawada,Krishna ,Andhra Pradesh - 520002 Rep by its Authorized Officer / Manager.

7. The Commissioner Labour Department, 2, Papayya St. Sitharamapuram, Vijayawada Andhra Pradesh 520002.

8. The Society for Elimination of Rural Poverty (SERP) Rep by its Chief Executive Officer Vijayawada,Krishna District,A.P. RR 5 to 8 are Impleaded as per C.O.dt.15/11/21 in IA.No.1/21. ...RESPONDENTS Counsel for the Petitioner(s): T V JAGGI REDDY Counsel for the Respondents: GP FOR LABOUR (AP) The Court made the following: ORDER

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.3931 of 2020

ORDER :

This writ petition, under Article 226 of the Constitution of India, is filed for issuance of Writ of Mandamus, declaring the action of the respondents in not releasing the compensation/claim amount of

Rs.5 lakhs, under Pradanamantri Chandranna Bheema Scheme, on the death of the petitioner wife on 31.08.2017, due to snake bite and consequentially direct the respondents to release the compensation/claim amount as stated supra forthwith.

2. The case of the petitioner in brief is that petitioner’s wife by name Kalasumudram Arunamma, aged about 45 years used to work as Coolie. On 31.08.2017, at about 12.30 P.M., while she was in agricultural fields, she was bit by a snake on right leg. She was immediately taken to the Satyasai General Hospital, Puttaparthi, wherein the doctor examined her and informed that she died. Post-mortem was conducted by the doctors and report was issued stating that she died due to snake bite. Government of Andhra Pradesh launched Chandranna Bima Scheme with the main object to provide relief to the families of unorganized workers. Petitioner gave a complaint soon after the alleged snake bite to the SHO Bukkapatnam P.S., on 31.08.2017, and the same was registered as Cr.No.49 of 2017 under section 174 Cr.P.C and it also intimated to the call centre and online claim application is also made for the amount under the Pradanamantri Chandranna Bima Scheme. He was also paid Rs.5,000/-. He was informed that the rest of the claim amount would be issued later. But, since claim amount has not been released, Writ Petition was filed.

3. Respondent Nos.1 and 7 filed counter affidavit and inter alia contended that the respondent No.7 is the Nodal Agency and the respondent No.8 is the implementing Agency of the said scheme. Petitioner registered the information on 01.09.2017 at Chandranna Bima Call Centre and submitted the accidental death claim on 30.10.2017 along with the necessary documents. The same was forwarded to the respondent Nos.5 and 6 on

31.10.2017 itself. It was further stated that on 26.07.2019, the respondent No.5 rejected the claim of the petitioner on the ground that the wife of the petitioner is not eligible under the said scheme, as the petitioner’s family is having dry land of more than Ac.5-00 cents as per the revenue records.

4. Respondent No.2 filed counter affidavit and inter alia stated that since the deceased family is having Ac.5-00 cents of land, the OIC closed the option to upload the required document in online portal. In fact, the respondent No.3 uploaded all the documents with regard to death and connected record later; OIC informed that the petitioner is not eligible since deceased family is having 5 acres of land and asked for supporting documents if the deceased family is having less than 5 acres of land. The petitioner in fact submitted ‘No Land Certificate’ wherein Tahsildar certified that the petitioner is holding 5 acres of land.

5. Respondent No.5 filed counter affidavit and inter alia contended that the claim was repudiated as deceased family is having more than Ac.5-00 cents of land. No supporting documents i.e., Final Report and RFSL report are submitted in spite of several remainders. It is further contended that as per the agreement the liability is Rs.4,25,000/- out of Rs.5,00,000/- and remaining Rs.75,000/- should bare by the respondent No.6 i.e., L.I.C. It is further contended that as per G.O.Ms.No.54 dated 30.09.2016 it was clearly mentioned that a person who possesses Ac.5-00 cents of dry land or Ac.2.50 cents of wet land does not come under the preview of unorganized workers. As per the FIR, the petitioner himself declared that they own and possess more than 5 acres of land, as such repudiated the claim. As per Andhra Pradesh Mee Bhoomi Portal, the petitioner and his wife owns and possesses an extent of Acres 5.35 cents in Survey

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