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2025 DAILYLAW 4869 (AP)

Borugadda Sowbhagyamma, v. The State of Andhra Pradesh,

WP/2362/2025 · 2025-02-03

Subba Reddy Satti

body2025

Judgment text

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APHC010037892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2362/2025 Between: Borugadda Sowbhagyamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following ORDER: Heard Sri Venkata Durga Rao Anantha, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared on behalf of the respondents. 2. The petitioner, wife of Abraham Lincon @ Linkhan, retired Sub- Inspector of Police, filed the above writ petition to declare the inaction of 2 respondents 3 and 4 in sanctioning the death benefits of her deceased husband, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that the petitioner’s husband, retired from service on 30.09.2001, on attaining the superannuation as Sub Inspector of Police. Later, he died on 24.04.2022. Two criminal cases vide C.C.No.133 of 2002 on the file of the learned Special Mobile Magistrate Court, Guntur and C.C.No.479 of 2007 on the file of the learned Additional Junior Civil Judge’s Court, Chilakaluripet against the deceased were ended in acquittal on 27.11.2007 and 27.03.2018 respectively. The petitioner made a representation dated 10.06.2022 to the 3rd respondent to release the death benefits of her deceased husband Abraham Lincon. The 3rd respondent by proceedings C.No.508/A3/2022, dated 12.07.2022 directed the Inspector of Police, District Special Branch, Palnadu District to conduct a detailed inquiry and furnish a report. So far, the benefits of the deceased have not been released. Hence, the writ petition. 4. Learned Assistant Government Pleader for Services on oral instructions would submit that the authorities received a claim from another person claiming the status as ‘wife of deceased Abraham Lincon’. The authorities will consider and pass appropriate orders. 5. Given the facts and circumstances of the case, without touching the merits of the matter, since the 3rd respondent by proceedings C.No.508/A3/2022, dated 12.07.2022 directed the Inspector of Police, District Special Branch, Palnadu District to conduct detailed inquiry and furnish report, based on the representation made by the petitioner (Ex.P.2), the learned 3rd 3 respondent shall pass appropriate orders strictly as per the Rules within eight (8) weeks from the date of receipt of copy of this order. 6. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2025 KA 4 59 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2362/2025 Date: 03.02.2025 KA