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2025 DAILYLAW 46651 (AP)

Shaik Dilshaad Baanu v. The State of Andhra Pradesh

WP/30766/2022 · 2025-09-21

K Sreenivasa Reddy

body2025

Judgment text

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APHC010492662022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: Between: 1. SHAIK DILSHAAD BAANU, , D/O SHAIK CHINA KARIMULLA, AGED 18 YEARS, MUSLIM, FEMALE, HOME MAKER, D.NO.I 7 NLASJID, ISLAM PET, TENALI 1. THE STATE OF ANDHRA PRADESH, , CHIEF SECRETARY, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. 2. THE SECRETARY TO GOVERNMENT, MINORITIES WELFARE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI-522503, GUNTUR DISTRICT. 3. THE DIRECTOR OF SOCIAL WELF ANDHRA PRADESH, GUNTUR 4. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI-522503, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, 6. THE MUSLIM MINORITY WELFARE OFFICER, GUNTUR DISTRICT, DISTRICT COLLECTOR'S COMPOUND, GUNTUR Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30766 OF 2022 SHAIK DILSHAAD BAANU, , D/O SHAIK CHINA KARIMULLA, AGED 18 YEARS, MUSLIM, FEMALE, HOME MAKER, D.NO.I 7 NLASJID, ISLAM PET, TENALI-522201, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, , REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. THE SECRETARY TO GOVERNMENT, MINORITIES WELFARE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, 522503, GUNTUR DISTRICT. THE DIRECTOR OF SOCIAL WELFARE, GOVERNMENT OF ANDHRA PRADESH, GUNTUR-522201, GUNTUR DISTRICT. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, 522503, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR THE MUSLIM MINORITY WELFARE OFFICER, GUNTUR DISTRICT, DISTRICT COLLECTOR'S COMPOUND, GUNTUR-522201. ...RESPONDENT(S): Counsel for the Petitioner: MULLAPUDI SATYANARAYANA IN THE HIGH COURT OF ANDHRA PRADESH [3327] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY SHAIK DILSHAAD BAANU, , D/O SHAIK CHINA KARIMULLA, AGED 18 YEARS, MUSLIM, FEMALE, HOME MAKER, D.NO.I 7-12-2, NEAR 522201, GUNTUR DISTRICT. ...PETITIONER REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, VELAGAPUDI-522503, THE SECRETARY TO GOVERNMENT, MINORITIES WELFARE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, ARE, GOVERNMENT OF 522201, GUNTUR DISTRICT. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, GUNTUR-52220I. THE MUSLIM MINORITY WELFARE OFFICER, GUNTUR DISTRICT, 522201. ...RESPONDENT(S): Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE The Court made the following Order : The present Writ Petition is filed questioning the action of the Respondents in not sanctioning the Marriage incentive (YSR Pelli Kanuka) for an amount of Rs. 1,00,000/- to the Petitioner, as she belongs to Minority Category and seeking a consequential direction to the Respondents to grant Marriage incentive for Rs. 1,00,000/- within one month. 2. Case of the Petitioner is that ‘DULHAN’ Scheme was introduced by the State Government, vide G.O.Ms.No.67, Minorities Welfare (SDM) Department, dated 29.04.2015 for providing financial assistance of Rs. 50,000/- to a girl at the time of marriage. The aforesaid scheme was renamed as “Chandranna Pelli Kaanuka” (CHPK) by the State Government, vide G.O.Ms.No.45, Social Welfare (EDN), Department, dated 18.04.2018 for single desk for marriage related incentive schemes (MRIS) administered by various departments of Government of Andhra Pradesh policy and implementation frame work. Subsequently, the said Scheme was renamed as “YSR Pelli Kaanuka”, vide G.O.Ms.No.98, Social Welfare (EDN) Department, dated 19.08.2019 and the marriage incentive was enhanced from Rs. 50,000/- to Rs.1,00,000/-. 3. Learned counsel for the Petitioner would contend that the date of birth of the Petitioner is 09.03.2004 and her father annual income is Rs. 72,000/- and therefore, the Petitioner is eligible and entitled to get benefits of the aforesaid marriage incentive. The marriage of the Petitioner took place on 10.06.2022 at N.G.O’s Kalyanamandapam, Kothapeta, Tenali. At the time of marriage, the father of the Petitioner herein has submitted a representation for the Respondents 1, 5 and 6 on 02.05.2022 for grant of said marriage incentive for Rs. 1,00,000/-. As the incentive has not been sanctioned till date, the present Writ Petition came to be filed. 4. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for the Respondents. 5. Learned Assistant Government Pleader for the Respondents would submit that the scheme called as “YSR Pelli Kaanuka” has been stopped by the Respondents. Except stating that, no document is placed before this Court to say that the G.O.Ms.No. 105, dated 16.09.2019 is not in existence. The learned counsel for the Petitioner submitted that the said G.O.Ms.No. 105, dated 16.09.2019 is still in force and same is neither set aside nor kept in abeyance. 6. A perusal of the said G.O goes to show that after careful examination, the Government of Andhra Pradesh issued G.O.Ms.No.105, Social Welfare (EDN) Department, dated 16.09.2019, enhancing the marriage incentive to brides of SC/ ST/ BC/ Miniority/ Differently abled/ BOCWWB categories under YSR Pelli Kaanuka, and in respect of minorities, the incentive is enhanced to Rs.1,00,000/- and the same was came into force with effect from 02.04.2020. The father of the Petitioner has made a representation dated 02.05.2022 to the Respondents, but there is no response from the Respondents. 7. Learned Assistant Government Pleader submits that the application has to be submitted within 60 days of the Marriage for claiming said marriage incentive. This Court perused the record. The representation has been made by the father of the Petitioner herein on 02.05.2022 to the Respondents, so as to enable them to process the said representation, whereas, the marriage took place on 10.06.2022. 8. In view of the fact that the representation has been made much earlier to the marriage, the Respondents cannot contend that the application has not been submitted within 60 days of marriage. 9. In view of the aforesaid facts and circumstances of the case, the Writ Petition is disposed of, directing the Respondents herein to consider the representation of the Petitioner dated 02.05.2022 within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ K.SREENIVASA REDDY, J Date: 22.09.2025 KK