RAMAVATH BHOJYA NAIK v. The State of Andhra Pradesh
WP/7226/2022 · 2025-04-30
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52438 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52438 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY. THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7226 OF 7099 Between: Ramavath Bhojya Naik, S/o Manya Naik, Aged 61 challavari palem Gunturu District years R/o Nallapadu ...Petitioner AND ^ of Andhra Pradesh, rep. by Principal Secretary Medical and Health Department, A.P Secretariat, Velagapudi Andhra Pradesh. 2. The District Medical and Health officer, Ongole, Prakasham dt Dislricf'^'''^' centre, Singarayakonda prakasham ^9® ^2 years near M P Andhra Prades^h^*^^^^^^ l^^ndal Guntur dt. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue an order. Writ the High Court may or direction, more particularly one in the nature of Writ of mandamus declaring the inaction of the respondents in R. Thanjha as illegal arbitrary and consequently direct the respondents 1 to 3 to grant such benefits to the petitioner forthwith granting the death and consequential benefits of deceased Bhai to the petitioner lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be
% pleased to permit the petitioner to sent notice to respondents no 4 by substitute service in the local paper at the discretion of this honourable court news paper either in sakshi, or any other lA NO: 1 OF 2022 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 stay the disbursement of pensionary benefits of deceased Dr. Thanju Bhai till pending, disposal of this Writ Petition in the interest of justice Counsel for the Petitioner: SRI KARANAM CHIRANJEEVULU Counsel for the Respondents No.1 to 3: GP FOR SERVICES I Counsel for the Respondent No.4: SRI SAYYAD ANWAR BASHA The Court made the following: Order
APHC010120412022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7226/2022 Between: ...PETITIONER Ramavath Bhojya Naik AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. KARANAM CHIRANJEEVULU Counsel for the Respondent(S):
1. SAYYAD ANWAR BAS HA 2.GPFOR SERVICES!
The Court made the following:
ORDER:- Heard Mr. Karanam Chiranjeevulu,
learned counsel for the petitioner, learned Government Pleader for Services I appearing for the to 3'^'^ respondents and Mr. Sayyad Anwar Basha, learned counsel for the 4**^ respondent. Today, the petitioner and the unofficial 4'^ respondent appeared before the Court. The petitioner and the unofficial 4*^ respondent have filed a joint Memo dated 29.04.2025, for compromise and the petitioner seeks to
2. 2 withdraw the writ petition, subject to the terms of as under: compromise. The same is ^
1. The petitioner is the father and 4’^ husband of late Dr. Thanuja Bhai who died intestate while employeein the Primary Health Centre, Singarayakonda, Prakasam District. During her lifetime, she used to look after the maintenance petitioner. She blessed with two sons namely 1. Varun Kumar and
2. Laxman Prasad who are under the care and custody of Dr. B kirankumar since the death of Dr. Thanuja Bhai. Late Dr. Thanuja Bhai continued her service as daughter of the petitione,r it can be seen from her Service Registe,r therefore, the above writ petition was filed against the respondentNos. death/service benefits of late Dr. Thanuja Bhai. The 4^^ respondentand late Dr. Thanuja are Natural Parents of the children namely
1. Varun Kumar and 2. Laxman Prasad and the 4 respondent Dr. B.kirankumar as natural guardian alone entitle to receive all death benefits which should be deposited in the name his sons, except Family Pension. It should be given to Dr B. Kiran Kumar Naik. respondentia the working as of the
2. 1 to 4 for all
3. 4. The stage of the case is for filing counter of R1 to R3 and notice to R4. As notice returned unserved time and again against the 4‘^ respondent the Hon’bleHigh Court accorded permission to file substitute service, petition in I.A.No. 1/2024 was filed for substitute service, while the matter stood thus the petitioner and 4' respondent entered into compromise with the advise of their relatives one of whom is Dr. Ramavath Srinivasa Rao S/o late Ranmavath Sree Ramulu. Therefore, the petitioner agreed to withdraw the writ petition condition that all the death benefits should be deposited in the name of minor on sons of Dr. Thanuja Bai namely
1. Varun Kumar and 2. Laxman Prasad in the Nationalised Bank. The 4*^ objection and willing to act as guardian. Hence this respondent reported no memo.
3 % On account of the said compromise, this Court observes that the 2"^^ respondent is at liberty to release all the death benefits of late Dr.Thanuja Bhai, in terms of the joint Memo dated 29.04.2025. 3. 4. Accordingly, the writ petition is dismissed as withdrawn. There shall be no order as to costs. 5. Registry is
directed to communicate the
order to the 2”^^ respondent. As a sequel, interlocutory applications, pending if any, shall stand r'IncoH Sd/- N NAGAMMA ASSISTANT REGISTRAR ON O^ICER //TRUE COPY// SE To, /
1. The District Medical and Health Officer, Ongole
2. One CC to SRI KARANAM CHIRANJEEVULU Advocate
3. Two^Cs to GP FOR SERVICES I, High Court of Andhra
4. Three CD Copies Prakasam District [OPUC] Pradesh gsg
HIGH COURT DATED; 01/05/2025
ORDER 2 7 OCT 2025 jm ^^sQiiTent Sectionxy' WP.No.7226 of 2022 far/ o .«o ^5- DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS