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HIGH COURT FOR THE S'I :ljif,fli Ar HYDERABAD r',";,;i61E,35 THURSDAY ,THE TWENTY SECOND DAY OF APRIL Two rHousAND AND rwervri or.rt PRESENT THE HONOURABLE SRI JUSTICE P NAVEEN RAO WRIT PETITI N NO: 052 0F 21 Between:
Smt. Nandam S.S.
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AND ...PET|T|oNER
1. The State of Telanoana. Rep. by its principal Secretary, Revenue Department, Secretariat buildingl Hyilerabad.
2.
The District Collector, Suryapet District.
3. The Tahsildhar, Nuthankal Mandal, Suryapet District.
4.
Smt. Goretla Sukanva W/o. Not known ", A ' rgvevdv MlYrauj,vorr, Rl/o. Alugunur Village, Nuthanakat tVanual, Suryapet Disiii;i.
...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order, direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent for rejecting the family member certificate to the petitioner vide No. BlB74l2o2o daled 21t1212020 without following due procedure of law is illegal, arbitrary and violation of Article .14, 16, 19(1) (g) and 21 of constitution of lndia and consequently direct the respondents to conduct enquiry by following due procedure of law for issuance of family member certificate once again to the petitioner forthwith.
lA NO: 1 OF 2021 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 3rd respondent to suspend the letter No. 8187412020 dated 2111212020 by conducting fresh enquiry, for issuance of family member certificate to the petitioner pending dispsoal of the above writ petition pass Counsel for the Petitioner :SRl. VENKAT REDDY KODUMURy Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER SRI JUSTICE P'NAVEEN RAO HONOURABLE WRIT PETITION No. 8O52 of 2021.
ORDER:
for petitioner and learned Assistant Heard learned counsei Government Pleader for Revenue'
2. Petitioner claims to be wife of late Goretla Balaswamy' Said in a while working as Excise Constable involved road Balas\^ramy, accident, which resulted in his death on t7 'g '2020 ' Petitioner applied to thethirdrespondentTahsildartoissuefamilymembercertificateandthe same was rejected by proceedings dated 2l'12'2O2O, impugned in this writ petition.
3. Application to issue family member certificate was rejected on the ground that one Goruntla Sukanya claiming to be wife of late G Balaswamy and blessed with one son opposed granting of family member certilicate to petitioner. Having regard to the objection raised, the decision of the Tahsildar not to issue family member certificate and observing that the matter has to be resolved in civil Court, cannot be said to be illegal.
4. Though, learned counsel for petitione r submitted that Tahsildar ought not to have rejected famiiy member certificate merely because some objection was raised, this Court do not see any merit in the said contention. The Tahsildar is not expected to go into the rival claims to hold A'or B'as wife of the deceased employee and decide in favour of A'or'B'and issue family certificate. Tahsildar cannot enter into rival claims and decide who is a family member of deceased' Since there is rival claim, petitioner has to avail the civil 1aw remedy to establish that she is legally wedded wife of deceased employee and entitled to all the benefits of the deceased employee and the claim of the )
rival person is not correct'
5. Accordingly, the writ petition is dismissed granting liberty to the petitioner to avail civil law remedy, if so advised' No costs' Pe nding applications, if anY stand closed'
SD/- K.VENKAIAH ASSISTANT BEGISTRAR //TRUE COPY// (. ll)
SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Telangana, secretariat building, Hyderabad.
2. The District Collector, Suryapet District.
3. The Tahsildhar, Nuthankal Mandal, Suryapet District'
4 One CC to SRl. VENKAT REDDY KODUMURY Advocate [OPUC]
5.TwoCCstoGPFoRREVENUE(TG),HighCourtfortheStateofTelangana.
louTl
6. Two CD CoPies MSL HIGH COURT DATED:2210412021
1ttr: TA14 \ q o
0 2 JUll 2l)?1 ORDER C)
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WP.No.8052 of 2021 DISMISSING THE WRIT PETITON WITHOUT COSTS
42 IL1
