Bathula Sirisha Vs The State of Andhra Pradesh

BATHULU MANIDEEP YADAV,, S/O. LATE SRINIVASA RAO, AGED ABOUT 19 YEARS, R/O. 2-11-88, 12TH WARD, PANDURANGA STREET, BAPATIA, BAPATIA DISTRICT, ANDHRA PRADESH

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...PETITIONER

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AND

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1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVT. AGRICULTURE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, STATE OF ANDHRA PRADESH OLD MIRCHI YARD NALLAPADU CHUTTUGUNTA, GUNTUR, GUNTUR DISTRICT, A.P.

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THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA, A.P

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THE DISTRICT AGRICULTURE OFFICER, BAPATLA DISTRICT, BAPATLA, A.P

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BATHULA SIVA PARVATHI, W/O LATE SRINIVASA RAO AGED ABOUT 49 YEARS, R/O.D.NO.4-3-22/7, 13TH WARD, YADAVA PALEM, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH

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BATHULA HEMASREE, D/O LATE SRINIVASA RAO AGED ABOUT 28 YEARS, R/O.D.NO.4-3-22/7, 13TH WARD, YADAVA PALEM, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH

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BATHULA SIRISHA, D/O LATE SRINIVASA RAO, AGED ABOUT 27 YEARS, R/O.D.NO.4-3-22/7 13TH WARD, YADAVA PALEM, BAPATLA BAPATLA DISTRICT ANDHRA PRADESH

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue an appropriate Writ, Order or Direction, more particularly in the nature of a mandamus declaring the, inaction of the 4th Respondent herein in considering the petitioner's representation dated. 18.09.2024 for appointing thee Petitioner in the office of 4th Respondent in any suitable post on compassionate grounds and the further action of the 4th Respondent herein in contemplating to appoint the 7th Respondent herein on Compassionate grounds, without awaiting the outcome of O.S.No.192 of 2024 on the file of Hon'ble Principal Junior Civil Judge, Bapatla as illegal, arbitrary, contrary to G.O.Ms.No.612 dated 30.10.1991 issued by the 1st Respondent besides being violative of Article 14 and 16 of Constitution of India and / or pass

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IA NO: 1 OF 2024

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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 4th Respondent herein to consider the Petitioner’s representation dated.04.09.2024 for appointing the Petitioner in the office of Respondent No.4 in any suitable post on compassionate grounds and pass

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IA NO: 2 OF 2024

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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 4th Respondent herein not to provide compassionate appointment to any other person in the place of his deceased father till the disposal of O.S.No.192 of 2024 on the file of Hon'ble Principal Junior Civil Judge, Bapatla and pass

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Counsel for the Petitioner:

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1.N SAI PHANINDRA KUMAR

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.C SRINIVASA BABA

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3.GP FOR SERVICES II

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WRIT PETITION NO: 27750/2025

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Between:

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BATHULA SIRISHA, D/O BATHULA SRINIVASA RAO AGED ABOUT 28 YEARS, OCC UNEMPLOYED, R/O 5-7, CHINKAPALEM, NEAR BC HOSTEL, NIZAMPATNAM MANDALAM, PALLAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH - 522262

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BATHULA SIVA PARVATHI, W/O BATHULA SRINIVASA RAO, AGED ABOUT 50 YEARS, OCC HOUSWIFE, R/O 5-7, CHINKAPALEM, NEAR BC HOSTEL, NIZAMPATNAM MANDALAM, PALLAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH 522262

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BATHULA HEMA SREE, W/O MARAKA SHIVA SHANKAR RAO, AGED ABOUT 29 YEARS, OCC EMPLOYED, R/O 4-3-22/7, 13TH WARD, YADAVANPALEM, BAPATLA DISTRICT, ANDHRA PRADESH - 522101 ...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238

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THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, STATE OF ANDHRA PRADESH, OLD MIRCHI YARD, NALLAPADU CHUTTUGUNTA,GUNTUR DISTRICT, ANDHRA PRADESH

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THE DISTRICT COLLECTOR, BAPATLA DISTRICT, ANDHRA PRADESH

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THE DISTRICT AGRICULTURE OFFICER, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH

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BATHULA MANIDEEP YADAV, S/O LATE SRINIVASA RAO, AGED ABOUT 19 YEARS, OCC SELF EMPLOYED, R/O 2-11-88, 12 WARD, PANDURANGA STREET BAPATL A DISTRICT, ANDHRA PRADESH

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction or order more particularly one in the nature of writ of mandamus under Article 226 of Constitution of India declaring the action of the Respondent No.4 in not considering Petitioner No.1 representation/ application dated 3.7.2024 citing pendency of cases where there are no interim orders passed at all as illegal, arbitrary, in violation of Fundamental rights and principles of natural justice and consequently set aside the decision of the Respondent No.4 communicated dated Nil August 2025 as illegal and tainted

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by malice in law and direct the Respondents 1 to 4 to provide Petitioner No.1 suitable post under compassionate appointment scheme in the interest of justice and pass

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IA NO: 1 OF 2025

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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 suspend the decision of the Respondent No.4 communicated dated Nil August 2025 and consequently direct the Respondent No.4 to consider representation/ application dated 3-7-2024 for appointment on compassionate grounds unless prohibited by any order of any court, pending the disposal of present writ petition in the interest of justice and pass

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IA NO: 1 OF 2026

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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 pleased to grant leave to the respondents to file the counter-affidavit, so as to enable a fair and effective adjudication of the issues involved in the writ petition and pass

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Counsel for the Petitioner(S):

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1.C SRINIVASA BABA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.GP FOR SERVICES II

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The Court made the following:

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COMMON ORDER:

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W.P.No.20916 of 2024:

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The writ petition is filed seeking the following relief:

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“…. to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the, inaction of the 4th Respondent herein in considering the petitioner's representation dated. 18.09.2024 for appointing thee Petitioner in the office of 4th Respondent in any suitable post on compassionate grounds and the further action of the 4th Respondent herein in contemplating to appoint the 7^th Respondent herein on Compassionate grounds, without awaiting the outcome of O.S.No.192 of 2024 on the file of Hon'ble Principal Junior Civil Judge, Bapatla as illegal, arbitrary, contrary to G.O.Ms.No.612 dated 30.10.1991 issued by the 1st Respondent besides being violative of Article 14 and 16 of Constitution of India and / or pass ….”

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W.P.No.27750 of 2025:

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The writ petition is filed seeking the following relief:

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“…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in not considering Petitioner No.1 representation/ application dated 3.7.2024 citing pendency of cases where there are no interim orders passed at all as illegal, arbitrary, in violation of Fundamental rights and principles of natural justice and consequently set aside the decision of the Respondent No.4 communicated dated Nil August 2025 as illegal and tainted by malice in law and direct the Respondents 1 to 4 to provide Petitioner No.1 suitable post under compassionate appointment scheme in the interest of justice and pass…..

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Heard M/s. N.Sai Phanindra Kumar, learned counsel for the petitioner in W.P.No.20916 of 2024 and Mr. Midhun Kumar Allu, learned counsel for the petitioners in W.P.No.27750 of 2025 and learned Government Pleader for official respondents and Sri C.Srinivasa Baba, learned counsel for the unofficial respondents in both the Writ Petitions.

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Writ Petition No.20916 of 2024 is filed praying to give a direction to respondent no.4 to consider the representation of the petitioner dated 04.9.2024 for appointment of the petitioner in the office of respondent no.4 in suitable post on compassionate grounds without awaiting for the outcome of O.S.No.192 of 2024 on the file of learned Principal Junior Civil Judge, Bapatla as illegal and contrary to G.O.Ms.No.612 dated 30.10.1991. On perusal of the pleadings discloses that the petitioner is the son of the 2^nd wife of the deceased B.Srinivasa Rao, who died in harness on 19.02.2024 while working as Senior Assistant in the District Agricultural Office, Bapatla District. It is also submitted that the petitioner along with his mother has approached the competent civil Court by filing O.S.No.192 of 2024 on the file of the learned Principal Junior Civil Judge, Bapatla, to declare the petitioner as legal heir of the deceased B.Srinivasa Rao.

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Writ Petition No.27750 of 2025 is filed by the legal heirs claiming i.e. wife and daughters of deceased B.Srinivasa Rao, questioning the order dated 14.8.2025 and consequentially requested to consider their case for compassionate appointment. A perusal of the material placed in the Writ Petition shows that the respondents have passed orders stating that until disposal of O.S.No.192 of 2024 before the learned Junior Civil

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Judge, Bapatla and also W.P.No.20916 of 2024 on the file of this Court, they would not consider the application of the petitioners.

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The issue involved in both the Writ Petitions is one and the same, hence both the Writ Petitions are being disposed of with a common order. 5. On perusal of both the writ petitions, as the issue involved in both the writ petitions is with regard to rightful legal heirs of the deceased B.Srinivasa Rao and as the said issue is pending before the competent civil Court vide O.S.No.192 of 2024, in the said circumstances, without going into the merits of both the writ petitions, learned Junior Civil Judge, Bapatla is suggested to consider the suit i.e. O.S.No.192 of 2024 and the same may be disposed of on priority basis within a reasonable period not later than six (06) months from today. After disposal of the said suit, the respondent authorities are directed to consider the applications based on the result of the suit and pass appropriate orders.

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With the above directions, both the Writ Petitions are disposed of. No costs. It is needless to say that a copy of this common order shall be circulated to the learned Junior Civil Judge, Bapatla, forthwith.

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As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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Date: 01.4.2026 RD

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_______________________ JUSTICE D.RAMESH

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION Nos. 20916 of 2024 and 27750 of 2025