APHC010238232019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10633/2019 Between: 1. SMT P.ASIYA, W/O LATE P.KHASIM SAB, AGED ABOUT 41 YEARS, MUSLIM, HOUSE WIFE, R/O D.NO.5-5-22, LAKSHMIPURAM, HINDUPUR, ANANTAPUR DISTRICT 2. P.AFRIN, D/O LATE P.KHASIM SAB, AGED 9 YEARS, MUSLIM, MINOR REPRESENTED BY NEXT FRIEND NATURAL GUARDIAN MOTHER P.ASIYA, (PETITIONER NO.1) R/O D.NO.5-5-22, LAKSHMIPURAM, HINDUPUR, ANANTAPUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, AGRICULTURE AND SERICULTURE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT.,CHITTOOR. 3. THE JOINT DIRECTOR, SERICULTURE DEPARTMENT, CHITTOOR 4. THE ASSISTANT DIRECTOR OF SERICULTURE, PALAMANER, CHITTOOR DISTRICT 5. P HUSSINAMMA, W/O LATE P.KHASIM SAB, AGED 51 YEARS, HOUSE WIFE, R/O D.NO.1-3-194C/1 ABADPETA, HINDUPUR, ANANTAPUR DISTRICT 6. P MOHAMMED SHAREEF, S/O LATE P.KHASIM SAB, AGED 31 YEARS, EMPLOYEE, R/O D.NO.1-3-194C/1 ABADPETA, HINDUPUR, ANANTAPUR DISTRICT 7. P MOHAMMED ALI, S/O LATE P.KHASIM SAB, AGED 30 YEARS, HOUSE WIFE, R/O D.NO.1-3-194C/ 1 ABADPETA, HINDUPUR, ANANTAPUR DISTRICT 8. P SAJIDA BANU, D/O LATE P.KHASIM SAB, AGED 27 YEARS, HOUSE WIFE, R/O D.NO.1-3-194C/1 ABADPETA, HINDUPUR, ANANTAPUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 2 1. GP FOR AGRICULTURE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the respondents No.2-4 in trying to Disburse/release the death benefits of the deceased (P.Khasim) i.e., husband of Petitioner No.1 and father of Petitioner No.2 laying to the credit of the Sericulture Department to the Respondents No.5-8 without considering the request of the petitioners though civil suit is pending in respect of the said claim as illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India.” 2. When the matter is taken up for hearing, Sri N.Aswartha Narayana, learned counsel for the Petitioners would submit that the Petitioners herein are the wife and child of the deceased employee and against their claim, Respondent Nos.5 to 8 are also claiming the death benefits of the deceased employee. Learned counsel would further submit that, O.S.No.124 of 2018 on the file of the Court of Senior Civil Judge, Hindupur has been filed by the Petitioners and the same is pending. Learned counsel would further submit that the Court may pass appropriate orders by giving liberty to the Petitioners to work out their remedies before the Civil Court. 3. Considering the submissions made, the Writ Petition is disposed of. However, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ 3 Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:10.03.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10633 of 2018 Dt.10.03.2025 Dinesh