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2024 Supreme(Online)(TEL) 786

THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION No.22275 of 2023

ORDER

This writ petition is filed seeking the following relief:

    “….to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 to 5 in not considering petitioner husband death claim application dated 05.11.2022 and not releasing claim amount of Rs.5,00,000 under scheme named as Farmers Group Life Insurance Scheme (Rythu Bima) to the petitioner, same is being violation of Article 14 of Constitution of India being illegal, arbitrary and consequently direct the respondents to consider petitioner husband death claim application dated 05.11.2022 and release the claim amount of Rs.5,00,000 under scheme named as Farmers Group Life Insurance Scheme (Rythu Bima) to the petitioner.”

2. Heard the learned counsel for the parties and perused the record.

3. The petitioner claims to be nominee of the policy holder- Late Bobba Venkat Reddy, who was enrolled in Rythu Bima Scheme for the Policy Year 2022 vide LIC ID No.2285252, dated 05.11.2022 under Master Policy No.504504504. The State Government with a laudable object to give guarantee to the poor and marginal farmers for their livelihood, vide G.O.Ms.No.63 Agriculture and Cooperation (Agri.II) Department dated 19.06.2018 has introduced “Farmers 2 Group Life Insurance Scheme” (Rythu Bima) in addition to other incentive schemes. The Rythu Bima Scheme is implemented basing on the farmers-wise online agricultural land database through Information Technology and Online Portals that are being used by all the outreach officers for effective and efficient implementation. The main objective of Rythu Bima scheme is to ensure financial security and relief to the bereaved family members of the deceased farmer, who is in the age group between 18 and 59 years and eligible for enrollment under the Scheme. The age of the farmers would be determined basing on the particulars furnished in Aadhaar Card. The entire premium is paid by the Government to the Life Insurance Corporation (LIC) and in the event of death of the enrolled farmer/ insured, due to any cause, the insured amount of Rs.5,00,000/- would be deposited in the nominee’s account. The uniqueness of the Scheme is that nominee is not required to approach the Insurance Company for settlement of the claim but the Officers of the Village level would collect data from the Revenue Department in the event of loss of life of any farmer/insured and forward the same to the Insurance Company for onward transmission of the claim amount.

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4. It is the case of the petitioner that her husband, who was enrolled under the Rythu Bima Scheme, committed suicide on 31.07.2022, in view of family disputes. Due to which a false complaint has been lodged by the brother of the deceased and basing on the alleged complaint, police have registered a case in Crime No.159/2022 on 01.08.2022 for the offence punishable under Section 306 IPC. In the said crime, petitioner was shown as an accused. Therefore respondents are not releasing the claim amount fixed in terms of the policy guidelines issued in G.O.Ms.No.63 Agriculture and Cooperation (Agri.II) Department dated 19.06.2018, in favour of the petitioner.

5. Learned Assistant Government Pleader and learned Standing Counsel appearing for respondents submits that after death of petitioner’s husband, she is not the successor in interest of the claim of the deceased husband and the petitioner has also failed to obtain necessary certificates under the provisions of Hindu Succession Act, 1956 from the competent Court to enable the respondents to release the said claim amount into the account of the petitioner or the persons who are declared as successors by the competent Court.

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6. Respondent No.5 has filed counter affidavit, wherein it is stated that respondent No.5 has received the documents uploaded in online by the Agriculture Department and as well

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