IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4764 OF 2021 Between: Shaik Khaja Hussain, S/o Nabi Sab, Aged 67 years, R/o H.No. 18/66, Kummari Street, Pathikonda, Kurnool District ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District 2. The State of A.P, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District, A.P 522001 3. The District Collector, Kurnool District. 4. The CEO SERP, 2nd Floor, N T R Administrative Premises PNBS BLOCK, Krishna Lanka, Vijayawada Krishna District. 5. The Mandal parishad Development Officer, CumMember Convener Mandal Pension Committee, Pathikonda Mandal, Kurnool District. 6. The Tahsildar, Pathikonda Mandal, Kurnool District. 7. The Pathikonda Gramapanhayat, Rep by its Panchayat Secretary Pathikonda Village and Mandal Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to It is therefore, prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in stopping old age pension to the Petitioner and cancellation of white ration card No.YAP 135100800405 vide Notice in Rc.No.24/2021 dated 21.05.2021 illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India and principles of natural justice and to set-aside the same and direct the Respondents to make the payment of pension to the Petitioner forthwith from the month it was stopped till date and further direct to make the payment of pension every month. as Prayer amended as per the Court Order dt.06.08.2024 vide order passed in I.A.No. 01 of 2024. lA NO: 1 OF 2021 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to pay the old age pension from the month of August and continue to pay. lA NO: 2 OF 2025 Between: The Tahsildar, Pathikonda Mandal, Kurnool District. ...PETITIONER/RESPONDENT AND 1. Shaik Khaja Hussain, S/o Nabi Sab, Aged 67 years, R/o H.No. 18/66 Kummari Street, Pathikonda, Kurnool District. ...RESPONDENTS/PETITIONERS 2. State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District 3. The State of A.P, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District, A.P 522001 The District Collector, Kurnool District. The CEO SERP, 2nd Floor, N T R Administrative Premises PNBS BLOCK, Krishna Lanka, Vijayawada Krishna District. The Mandal parishad Development Officer, CumMember Convener Mandal Pension Committee, Pathikonda Mandal, Kurnool District. The Pathikonda Gramapanhayat, Rep by its Panchayat Secretary Pathikonda Village and Mandal Kurnool District. 4. 5. 6. 7. ...RESPONDENTS/ RESPONDENTS (R2 to 7 are not necessary parties in this petition) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 03.03.2021 in IA.No.1 of 2021 in WP.No.4764 of 2021 and to dismiss the Writ Petition. Counsel for the Petitioner: SRI VENKAT REPRESENTING SRI M SRIKANTH Counsel for the Respondent Nos. 1, 3 & 6: GP FOR REVENUE Counsel for the Respondent No.4: SRI HARISH KUMAR RASINENI Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos. 5 & 7: SRI M SUDHIR (SC FOR ZPPS, MPPS & GP) The Court made the following: ORDER 1 4^ APHC010082532021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0£B b!& [3332] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4764/2021 Between: Shaik Khaja Hussain ...PETITIONER AND State of Andhra Pradesh and others Counselfor the Petitioner: 1.M SRIKANTH Counsel for the Respondent(S): 1.HARISH KUMAR RASINENI 2.GP FOR REVENUE 3.V VINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following order: ...RESPONDENT(S) The grievance of the petitioner, in short, is that without conducting any enquiry and without issuing any notice, the respondent authorities have stopped the old age pension to the petitioner and also cancelled his white ration card No.YAP 135100800405 vide notice in Rc.No.24/2021 dated 21.05.2021. m 2 Heard Sri Venkat, learned counsel representing Sri M.Srikanth 2. learned counsel for the petitioner, Sri Krishna Praneeth, learned Assistant Government Pleader for respondent Nos.l to 3 St 6, Sri Haribabu, learned standing counsel for SERP and Sri M.Sudheer learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that without issuing any notice, the authorities have stopped pension to the petitioner abruptly from the month of August, 2020. He further submitted that the petitioner was informed that his elder son is an income tax assessee, as such the petitioner was declared as not eligible and his name has been removed from the list of persons eligible to receive pension and his white ration card was also cancelled. He further submitted that the petitioner and his wife have no other source of income except the old age pension being paid to him. In spite of making representations to the respondents by the petitioner requesting payment of pension, no action has been taken by the authorities. Hence, the present Writ Petition is filed and this Court vide order dated 03.03.2021 directed the respondents to pay old age pension from the month of August 2020 and continue the same making it clear that the said order would not preclude the concerned authorities to issue appropriate notice in the event the petitioner is not entitled for old age pension and take necessary action after giving opportunity to 3 him. As such, prayed to pass appropriate orders protecting the interest of the petitioner. On the other hand, learned Assistant Government Pleader, while reiterating the contents of the counter affidavit of respondent No.6 submitted that on receipt of the application from the Writ Petitioner, the Mandal Revenue Inspector, Pattikonda has enquired into the matter and reported that the Writ Petitioner’s son by name Shaik Mahaboob Basha is practicing as Advocate in Yemmiganur town of Kurnool District and he is income tax assessee and the ration card was cancelled due to the 4. same. Subsequently application has been filed for issuance of white ration card to the writ petitioner by excluding the income tax assessee as family member. The Village Revenue Officer went several times to the writ petitioners house for taking EKYC of all the family members except the income tax assessee, but the writ petitioner and his family members have refused to give EKYC. Due to refusal of EKYC, white ration card not issued to the petitioner. was He further submitted that if the writ petitioner files fresh application through the Grama Sachivalayam for issuance of new white ration card, action will be taken on the application as per the Government rules in force. 5. Learned standing counsel for Gram Panchayat while reiterating the contents of the counter affidavit of respondent No.5 contended that one of the family members of the petitioner is an income tax assessee. as f the petitioner is not entitled to receive old age pension G.O.Ms.No.l74, Panchayat Raj & Rural Development (RD-1) Department, dated 13.12.2019. He further submitted that on perusal of house hold card issued by respondent No.6, it is clear that the elder son of the petitioner was shown as family member and he is an income tax assessee. In view of the same, the writ petitioner was found to be ineligible to get pension under YSR Pension Kanuka’. Hence, prayed to dismiss the Writ Petition. in view of 6. In reply, learned counsel for the petitioner while reiterating the contents of the reply affidavit submitted that the authorities ought have seen that the petitioner’s son is only an income tax assessee, but not income tax payee. The authorities ought to have been considered that the petitioner’s son is living separately with his family at Kurnool and would not be able to take care of him. If a proper enquiry had been conducted, it would have come to light that the petitioner’s son is living separately. Hence, prayed to pass orders protecting the interest of the petitioner. to 7. Perused the record and considered the submissions learned counsel for the parties. made by 8. It is not in dispute that earlier ration card has been issued in favour of the petitioner and basing on the same, he was drawing the old age pension as per the Government scheme. Now the grievance of the ^ '—■> w 5 petitioner is that without issuing any notice to the petitioner, the authorities have cancelled the ration card and pursuant to the same the authorities have stopped the old age pension to the petitioner. The for cancelling the ration card by the authorities is that the petitioner has not submitted EKYC particulars when the village Revenue Officer visited his house. Admittedly no notice has been issued to the petitioner before cancelling the ration card issued in his favour. Except the self serving statement made by respondent No.6, there is no other material to show that the petitioner has not furnished EKYC particulars. Cancelling the ration issued in favour of the petitioner without issuing notice is illegal and arbitrary and the revenue authorities cannot cancel the ration card unilaterally. In these circumstances, to meet the ends of justice, this Court is inclined to pass the following order. reason 9. The petitioner shall give/furnish the EKYC particulars to the concerned authority within one (1) week from the date of receipt of a copy of this order, on giving such EKYC particulars, the concerned authority shall consider and issue ration card as per law to the petitioner within a period of two (2) weeks thereafter. On issuance of such ration card in favour of the petitioner, the authority concerned shall release the old pension including arrears and shall continue to make payment of pension every month as per the rules in vogue. age 6 There shall be no Accordingly, the Writ Petition is disposed of. 10. order as to costs. As a sequel thereto, interlocutory applications pending, if any Writ Petition, shall also stand closed. in the Sd/- M. SRINIVAS ASSISTANT REGISTRAF^ //TRUE COPY// Oil^fOFFICER SE To, 1. The Principal Secretary, Revenue Department, Secretariat, Velaqapudi Guntur District ’ 2. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District, A.P 522001 3. The District Collector, Kurnool District. 4. The CEO SERP, 2nd Floor N T R Administrative Premises PNBS BLOCK, Krishna Lanka, Vijayawada Krishna District. 5. The Mandal parishad Development Officer, CumMember Convener Mandal Pension Committee, Pathikonda Mandal, Kurnool District. 6. The Tahsildar, Pathikonda Mandal, Kurnool District. 7. The Panchayat Secretary, Pathikonda Gramapanhayat, Pathikonda Village and Mandal Kurnool District. 8. One CC to Sri M Srikanth Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11. One CC to Sri Harish Kumar Rasineni, Advocate [OPUC] 12. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP), Advocate [OPUC] 13. Three CD Copies TF HIGH COURT DATED:03/02/2025 ORDER WP.No.4764 of 2021 ^ tSTandi^ 10 MAR 2025 3 ^ Currenl Secuon DISPOSING OF THE W.P., WITHOUT COSTS