Extracted from the PDF above. The PDF is authoritative.
APHC010177352024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 8950 OF 2024 Between:
1. Singavarapu Joseph, C/O Singavarapu David, 10/459-A, Nagavarappadu, Ward-10, Gudivada, Krishna District at Machilipatnam Andhra Pradesh- 521301. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Principle Secretary, Social Welfare Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh
2. The Collector and District Magistrate of Krishna District at Machilipatnam, Andhra Pradesh. 3. The Revenue Divisional Officer, Gudiwada, Krishna District at Machilipatnam, Andhra Pradesh. 4. The Tasildar, Gudiwada, Krishna District at Machilipatnam, Andhra Pradesh. 5. The Superintendent of Police, Krishna Distist at Machilipatnam, Andhra Pradesh. 6. The Station House officer, Gudiwada II Town Police Station, Krishna District at Machilipatnam, Andhra Pradesh. ...Respondents
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 Order or direction particularly, one in the nature of writ of Mandamus declaring the
SRK, J W.P.No.8950 of 2024
2 action of the respondent authorities in disbursing the ex-gratia amount to the petitioner as contemplated under GO MS NO.95 dated 29.08.2016 despite of the representation dated 16/02/2024 as illegal, arbitrary and violation of principles of natural justice and also Article 14, 19, 21 and 300-A f the Constitution of India and consequently direct the respondent authorities to consider the representation dated 16/02/2024. Counsel for the Petitioner: JADA SRAVAN KUMAR
Counsel for the Respondents: GP FOR HOME
Counsel for the Respondents: GP FOR REVENUE
Counsel for the Respondents: GP FOR SOCIAL WELFARE
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3 The Court made the following ORDER:
The present Writ Petition has been filed questioning the action of respondent authorities in not disbursing the ex-gratia amount to the petitioner, as contemplated under GO Ms.No.95, dated 29.08.2016, despite the representation of the petitioner dated 16.02.2024. 2. Case of the petitioner is that his daughter namely Singavarapu Sophia (sweety), aged about 31 years, worked as Computer Operator at RK Hospital, Gudivada. Petitioner states that while his daughter was working there, Dr.
Pinnamaneni Prashanth (A1) harassed her alleging that she revealed his personal affairs to his wife (A2) and further A2 and father of A1, who is A3, harassed his daughter alleging that she is cooperating his Son in his illegal activities and A4 namely Tirupathi, being Supervisor of RK Hospital, also harassed his daughter by making her to work more than her duty timings. Due to mental harassment of A1 to A4, his daughter went into unconscious stage on 31.10.2023 and when she was shifted to the hospital of A5, A5 did not respond immediately and rendered improper treatment. Her daughter died due to mental harassment of A1 to A4 and negligent act of A5. Hence, the petitioner made a complaint to Gudiwada II Town Police Station and the same was registered as a case in Crime No.278 of 2023, under Section 304 read with 34 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, on 04.12.2023. Petitioner further states that his deceased daughter was the only bread winner of his family and subsequent to death of his daughter, he made a representation
SRK, J W.P.No.8950 of 2024
4 dated 16.02.2024 requesting the respondent authorities for grant of ex-gratia amount as per GO Ms.No.95, dated 29.08.2016, and under Rules 12(4) and 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. But, so far no action has been taken by the respondent authorities. Hence, he filed the present Writ Petition. 3. Heard. Perused the record. 4. A perusal of the material on record goes to show that subsequent to the death of his daughter, petitioner made a representation dated 16.02.2024 to 2nd respondent – District Collector for grant of ex-gratia amount by mentioning all the details and the rule position.
With regard to claim of compensation, Rule 12(4) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, contemplates that the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the Schedule. Rule 12(5) of the said Rules is to the extent that the relief provided to the victim of the atrocity or his/her dependent under sub-rule (4) in respect of death, or injury to, or damage to property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force. 5. Be that as it may, without going into the said aspects, when a representation has been made by the petitioner on 16.02.2024 requesting 2nd respondent – District Collector to disburse ex-
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5 gratia amount, as per GO Ms.No.95, dated 29.08.2016, 2nd respondent ought to have passed orders on the said representation. Despite the fact that the said representation was made by the petitioner more than 1 ½ years back, till date no orders have been passed thereon. Hence, I deem it appropriate to dispose of the Writ Petition with a direction to 2nd respondent to pass appropriate orders on the said representation. 6. In view of the aforesaid facts and circumstances of the case, without going into the merits of the case, 2nd respondent – District Collector is directed to consider the representation made by the petitioner on 16.02.2024 and pass appropriate orders thereon, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:19.11.2025 Nsr
SRK, J W.P.No.8950 of 2024
6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.8950 of 2024
Date:19.11.2025
Nsr