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2025 DAILYLAW 58006 (AP)

DONDALAKUNTA KALYAN v. THE TAHASILDAR

WP/29294/2025 · 2025-10-26

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010557042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29294/2025 Between: 1. DONDALAKUNTA KALYAN, S/O.LATE VENKATESWARLU, AGED ABOUT 26 YEARS, OCC. UNEMPLOYEE, R/O.LIC-61, HOUSING BOARD COLONY, ONGOLE, PRAKASAM DISTRIET. ...PETITIONER AND 1. THE TAHASILDAR, ONGOLE URBAN MANDAL, ONGOLE, PRAKASAM DISTRIET. 2. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondent No.l in issuing the No Earning Member Certificate and No Property Certificate in pursuant to the Me-Seva Applications NO.NEC012500126669 and NPCAO12500055072, dated 23-06-2025 even in spite of the Petitioner has to submit the application for appointment on compassionate grounds within a period of one year from the date of death of his father as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.l to issue No Earning Member Certificate and No Property Certificate in pursuant to the Me-Seva Applications No.NEC012500126669 and NPCAO 12500055072, dated 23-06-2025 to the Petitioner forthwith in the interest of justice IA NO: 1 OF 2025 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 direct the Respondent No.1 to issue No Earning Member Certificate and No Property Certificate in pursuant to the Me- Seva Applications NO.NEC012500126669 and NPCAO12500055072, 2 dated 23-06-2025 to the Petitioner pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29294 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondent No.1 in issuing the No Earning Member Certificate and No Property Certificate in pursuant to the Me-Seva Applications No.NEC012500126669 and NPCA012500055072, dated 23-06-2025 even in spite of the Petitioner has to submit the application for appointment on compassionate grounds within a period of one year from the date of death of his father as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.l to issue No Earning Member Certificate and No Property Certificate in pursuant to the Me-Seva Applications No.NEC012500126669 and NPCAO 12500055072, dated 23-06- 2025 to the Petitioner forthwith in the interest of justice.…” 2. Petitioner herein made applications vide application Nos.NEC012500126669 and NPCA012500055072 dated 23.06.2025, requesting the authorities to issue No Earning Member Certificate and No Property Certificate, asserting that said certificates are essential for applying for compassionate appointment. Despite lapse of three months, the respondent authorities have not taken any steps. Hence, present writ petition has been filed seeking a direction to the respondent authorities to issue No Earning Member Certificate and No Property Certificate. 3. On the other hand, learned Assistant Government Pleader furnished written instructions dated 26.10.2025 addressed by the Tahsildar, Ongole, Pakasam District. On perusal of the instructions, it 4 indicates that the Tahsildar has appointed an Enquiry Officer to conduct detailed enquiry, as to whether the earning members are there in the petitioner’s family or not and to record property particulars and the report is awaited from the Village Revenue Officer, Ongole. It is further stated that further action will be taken on petitioner’s applications within a period of one month after receiving enquiry report from the Village Revenue Officer. 4. In view of the written instructions, since the enquiry process is already underway, the present Writ Petition is disposed of, directing the respondent authorities to conclude the enquiry at the earliest and take a decision, in accordance with law, for issuance of the No Earning Member Certificate and No Property Certificate, if the petitioner is otherwise eligible. It is needless to say that the entire process shall be completed 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 thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.10.2025 KBN