THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-paying in Policy amount Rs.5,00,000/- (Rupee Five Lakh Only) in Policy No.504504504 to the Petitioners in pursuance of the Agriculture Land to an extent of Ac.1 20 Gts., situated in Sy.No.14/A/3/1 of Gollapally Village, Devaruppula Mandal, Jangaon District Telangana State as illegal arbitrary unjust unfair irrational unreasonable perverse mockery unlawful unconstitutional violative of Articles 14, 21 and 300-A of the Constitution of India and also principles of Natural Justice and against to the catena of Judgments of this Hon’ble Court and an Apex Court and consequently direct the respondents not to pay the compensation to the 5^th respondent and to deposit the same amount before the 2nd respondent and to pass…”

2. Heard Sri Chikkudu Prabhakar, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4. Perused the material available on record.

3. Learned counsel for the petitioners submits that during the pendency of the writ petition before this Court, petitioner No.2 has passed away and therefore, he prays to abate the proceedings in respect of petitioner No.2.

3.1. He further submits that Mr.K Srinu who is the husband of the petitioner No.1 was the pattadar of land in Survey No.14/A/3, ad-measuring Ac.02.00, situated at Gollapally Village, Devaruppula Mandal, Jangaon District. He was issued a new E-Pattadar Passbook No.T23030100163 with Khata No.336, and received Rythu Bandhu payments for both Kharif and Rabi seasons. He also submits that Mr.K.Srinu sold 20 guntas of this land through a registered sale deed (Document No.4280 of 2019, dated 26.03.2019) in favour of Avula Suranjan Reddy. Necessary applications were submitted before respondent No.4 in this regard. It is further submitted that Mr.K.Srinu passed away on 27.07.2020, leaving behind petitioner No.2 (son of deceased Mr.K.Srinu). The respondents are not releasing an amount of Rs.5,00,000/- under Policy No.504504504, which relates to the above-mentioned agricultural land. Petitioner No.1 was named as the nominee in the policy. Petitioner No.2 had approached the authorities concerned and even the Minister, requesting payment of the compensation under the said policy. He also submitted representations dated 29.08.2020 and 03.09.2020, but no action has been taken and no orders are passed by the respondents till date. Therefore, learned counsel for the petitioners prays the Court to allow the Writ Petition by directing the respondents to release the said Policy amount to the petitioners.

4. The learned Government Pleader appearing for the respondent Nos.1 to 4 submitted that the petitioner had sold Ac.0.20 gts., out of Ac.2.00 of land in Survey No.14/A/3, Gollapally Village, Devaruppula Mandal, to Mr.A.Suranjan Reddy. He stated that the remaining Ac.1.20 guntas were held by the petitioners’ late husband. He further submitted that due to oversight, the name of late Mr.K.Srinu was not reflected in the online land records (Pahani), which led to non-payment of the Rythu Bandhu amount to the petitioners inadvertently. The learned Government Pleader also submitted that the then Tahsildar of Devaruppula/respondent No.4, resumed charge as M.R.O., on 22.05.2020 and noticed that the digital signing for Khata No.336 pertaining to late Mr. K. Srinu’s land had not been done. This was subsequently rectified on 03.06.2020, pursuant to which the name of Mr.K.Srinu appeared in the online records, and he received Rythu Bandhu amount for the Kharif season of 2020. He mentioned that petitioner No.1’s husband died on 27.07.2020, and since the petitioners name was not reflected in the online records during the integnum period from 01.