Smt.Samala Shobhana Vs The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly in the nature of Writ of It/andamus, declaring the Endorsement vide File NO. Cl48412024 dated. 14.10.2024 of the 3rd Respondent as void, illegal, arbitrary, contrary to the Principles of natural justice and unconstitutional and set aside the same and consequently direct the 3rd Respondent to issue Family member Certificale to the petitioner including all the class-l heirs as described under Hindu Succession Act, 1956 of the deceased husband of the petitioner Samala Subash to enable the petitioner to claim the benefits of the deceased employee for all the purposes.

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lA 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 direct the 3rd Respondent to issue Family member Certificate to the petitioner including all the class-l heirs as described under Hindu Succession Act, 1956 of the

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deceased husband^{of the petitionersamala subashto enable,the petitionerto} claim the benefits of the^{deceased employee for the purposes, by suspending the} impugned Endorsement file NO.^{CI48412024dt. 14.10-2024of 3rd Respondent,} pending disposal of the above writ^petition.

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Counsel for the Petitioner: SRI S.JAGADISH Counsel for the Respondent^{Nos.1 TO 3: GP FOR REVENUE} Counsel for the Respondent^No.4: -

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The Court made the following:^ORDER

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

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WRIT PETITION No.868 OF 2025

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ORDER

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This writ petition is filed with the following relief:-

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"...to issue order or direction more parlicularlg in tlrc noture of Wnt of MANDAMUS, declaring the Dndorsement uide File No.C/484/2024 dated 14.10.2O24 of the 3,,1 respondent as uoid, illegal, arbitrary, contrarg to the pinciples of natural justice and urconstitutional and set aside the same and consequentlA direct the 3'd respondent to issue Familg Member Cetirtcak to the petitioner irrcluding all tlrc clctss-I lrcirs as described under Hindu Suctession Act, 1956 of the deceased husband of tlrc petitioner Samqla Subash to enoble the petitioner to cloim tle benefits of the deceased ernplogee for all the purposes, and pass such other or Jurther orders os thts Honorable Courts deems fi.t and Stroper, in the interest of justice".

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Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

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The petitioner is the wife of one late Samala Subash, who expired on 26.08.2024. It is stated that out of their wedlock, they were blessed with two daughters and thereafter the petitioner and her husband lived separately, and no divorce petition has been Iiled by either of the parties till the death of petitioner's husband. It is further stated that the petitioner's husband worked as Typist in the Mandal Parishad Development Office, Medak. It is further stated that as per the Government orders in G.O.Ms.No.145, dated 25.O4.2OI5 and G.O.Ms.No.237, dated 3O.O6.2O15, the family

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members of thc deceased employee are eligible for issuance of the Family Member Certificate and for receiving various incentives sanctioned by the State Government. It is stated that the petitioner has made an .. appiication dated O4.O9.2O24 to respondent No.3 for issuance of Family Members Certificate.

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Learned counsei for the petitioner has contended that respondent No.3 without taking into consideration of the Government orders issued in G.O.Ms.No.237, d,ated, 30.06.2015, have rejected thc application submitted by the petirioner slaring that there is a written objection submitted by the other family member of the petitioner.

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This Court without expressing any opinion with regard to entitlement o[ the petitioner in terms of the above Government orders, since it is the case of the petitioner that she is wile of the deceased employee and she is entitled for the Family Member Certificate lor receiving various incentives sanctioned by the Government from time to time, deems it appropriate to dispose of the writ petition by directing respondent No.3 to examine the representation of the petitioner for issuance of Family Member Certificate, strictly, in terms of the Government orders in G.O.Ms.No.145, dated 25.O4.2O15 and G.O.Ms.No.237, dated 30.06.2015 after issuing notice to all the interested parties and

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CVBR, J wp_868 2025

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conducting an enquiry within a period of one (1) month lrom the date of receipt of a copy of this order.

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6 Accordingly, the Writ petition is disposecl of. No order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in

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this writ petition shall stand closed.

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To

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//TRUE COPY'

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SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR

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S CTION OFFICER

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/

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1 The Secretary, Revenue Department, Secretariat, Hyderabad, State of lelangana.

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The Collector, Medak district at Medak. 3. The Tahsildar, Kulcharam Mandal, Ir/edak district. 4. One CC to SRI S.JAGAD|SH, Advocate IOpUCi 5 Two CCs to GP FOR REVENUE, High Cburt foi the State of Telangana, at Hyderabad. [OUT]

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