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2026 DAILYLAW 12003 (AP)

KOTA LAKSHMI v. The State of Andhra Pradesh

WP/26923/2026 · 2026-10-04

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J W.P.No.26923_2026 APHC010492332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 5th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26923/2026 Between: 1. KOTA LAKSHMI, W/O. LATE KOTA JAGGUNAIDU, AGED ABOUT 65 YEARS, OCC HOUSE WIFE, RIO. D.NO.1-22, MAIN STREET, GONEPADU, BORRAMPETA VILLAGE, LAKSHMINARSUPETA MANDAL, SRIKAKULAM DISTRICT-532458. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT.522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT.522237 3. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT.532001 5. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY DRDA/ SERP NTR DISTRICT ANDHRA PRADESH.520001 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, LAKSHMINARSUPETA MANDAL, SRIKAKULAM DISTRICT.532458 7. THE TAHSILDAR, LAKSHMINARSUPETA MANDAL, SRIKAKULAM DISTRICT.532458 8. THE PANCHAYAT SECRETARY, BORRAMPETA GRAMA PANCHYATH, LAKSHMINARSUPETA MANDAL, SRIKAKULAM DISTRICT.535458 9. THE WELFARE ASSISTANT, BORRAMPETA GRAMA SACHIVLAYAM, LAKSHMINARSUPETA MANDAL, SRIKAKULAM DISTRICT.535458 ...RESPONDENT(S): 2 HN, J W.P.No.26923_2026 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 toissue Writ order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the Respondents in not considering the Application of the Petitioner for sanction of Widow Pension under the Social Welfare Scheme introduced by the Government in continuation with old age pension paid to husband of the Petitioner during his life time by considering the Representations dt 20-06-2026 and 20-07-2026 as illegal, arbitrary and violation of Principles of Natural Justice and violation of Art.14, 21,41 and 46 of Constitution of India and consequently direct the Respondents to pay Widow pension to the Petitioner in continuation with old age pension paid to the husband of the Petitioner IA NO: 1 OF 2026 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 direct the Respondents to consider the Representations of the Petitioners dated 20-06-2026 & 20-07-2026 for grant of Widow pension, pending the above writ petition IA NO: 2 OF 2026 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 may be pleased to permit the petitioner to amend the name of "Late Jaggu Naidu" as "Late Appalanaidu" where ever it was entered and pass Counsel for the Petitioner: 1. TANDASA RADHA RANI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE 3 HN, J W.P.No.26923_2026 ORDER: 1. The petitioner is aggrieved by the inaction on the part of the respondents in considering the representations of the petitioner dated 20.06.2026 and 20.07.2026, whereby the respondents have denied grant of widow pension. 2. It is submitted that the petitioner’s husband passed away on 20.06.2024. It is submitted that, while the petitioner’s husband was alive, he was granted old-age pension and, after his demise, the respondents ought to have granted widow pension to the petitioner under the State Welfare Scheme. It is submitted that the petitioner is surviving on daily wages and is unable to sustain herself. In this regard, though the petitioner attempted to submit representations, the same were neither received nor considered by the respondents. 3. The learned Assistant Government Pleader appearing for the respondents submits that the household mapping of the petitioner has revealed that the petitioner’s son is working in the Indian Railways and is drawing substantial salary and, thus, the petitioner was informed that she is not entitled to widow pension. 4. It is further submitted that the petitioner cannot claim widow pension as a matter of right and that it is a beneficial scheme intended for the uplifting the poorest of the poor. It is also submitted that the petitioner has to invoke the 4 HN, J W.P.No.26923_2026 provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in the event she is not maintained and looked after by her son. 5. Considering the submissions and the instructions placed before this Court by the learned Assistant Government Pleader, this Court is of the considered view that the petitioner has to take steps in accordance with law by invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in the event her will being is neglected by her son in looking after her welfare. 6. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:05.10.2026 NKA Note: The Registry is directed to issue a fair copy of the order after amending the necessary corrections. 5 HN, J W.P.No.26923_2026 6 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26923 of 2026 Date: 05.10.2026 NKA