THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

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

“…to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring illegal actions of the respondents No. 2 to 6 in issuing legal heir certificate/family member certificate dated 04-10-2010 to 7th respondent, by ignoring the petitioners as nominee 1^st wife in service record is totally illegal, arbitrary, unjust, discriminatory, unreasonable, without jurisdiction and opposed to public policy and also violative of principles of natural justice apart from the fundamental / property rights guaranteed under Article 14, 16, 21, 300A of constitution of India and set aside said certificate dated 04- 10-2010 and issue consequential direction to a) dispose the application/ representation dated 10-06-2013 made by the petitioner, b) not to issue any Revenue Records of Rights, Pass Books, Pahani in respect of Sy.No.28/3, 312/ /3, 324/3, 324/ , 327, 329 q/1, 330/2, 331/ , 332/ , 338/ /2, 352/C, 58/ /3 total extent Ac. 15-24 Gts, situated at Katkoor Village, without conducting enquiry, c) further direct the 5^th and 6^th respondents to pay the pension to the petitioner alone in view of 7^th respondents’

appointment on compassionate grounds and to pass…”

2. Heard Sri K.M. Mahender Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Services-I appearing on behalf of respondent Nos.1 to 6, and Sri Kongala Mohan Goud, learned counsel appearing for respondent No.7.

3. Learned counsel for the petitioner submitted that on 26.11.1987, the petitioner got married to one Gillela Raji reddy, who worked as a Bore Pump Mechanic in the respondent Department at Husnabasd, and both of them led a happy marital life, without issues. However, due to harassment by her husband, she started living separately, and later, filed O.S.No.361 of 1996 before the Principal District Munsiff Court, Karimnagar, seeking maintenance of Rs.600/- per month, which was awarded vide decree dated 12.12.1997, and subsequently, it was enhanced to Rs.1,800/- per month as per the compromise terms in O.S.No.19 of 2004. Thereafter, she received the said maintenance amount until the demise of her husband on 05.07.2010. It was further submitted that during her husband’s lifetime, the petitioner came to know that he got married to respondent No.7, without her consent, while her marriage was still in subsistence. Thereafter, her husband brought pressure on her and got her into compromise that, being a Government employee, he shall look after her wellbeing by providing her all necessities. However, to her misfortune, her husband had passed away on 05.07.2010, leaving behind herself, her in-laws and the two illegitimate sons through respondent No.7.

4. It was further submitted that after her husband’s death, the petitioner applied for legal heir certificate before the Tahsildar, Bheemadevarapally Mandal, but the same was not granted to her.

However, a Family Member Certificate dated 04.10.2010 was issued to respondent No.7, without any notice to the petitioner, and surprisingly, basing on the said certificate, respondent No.7 was appointed as Helper/Attender on compassionate grounds in the Veterinary Department, and had also drawn the service benefits of the petitioner’s husband. Further, respondent No.7 also took the possession of the agricultural land admeasuring an extent of Acs.15-24 gts., and a house situated at Katkoor Village, Bheemadevarapally Mandal, denying her share as per law. Thereafter, the petitioner has made a representation to respondent Nos.2 to 4 on 10.06.2013, requesting not to mutate the lands of her husband in favour of any third parties and to take appropriate action against respondent No.7 in illegally obtaining the Family Member Certificate, without notice to the petitioner and to do justice by issuing the Legal Heir Certificate in favour of the