- 1 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10834 OF 2023 (S-R) BETWEEN: SMT JAYAMMA W/O LATE VENKATAPPA, AGED ABUT 72 YEARS, R/AT BHOODUGATTIDODDI VILLAGE, SATHEGALA POST, KOLLEGAL TALUK, CHAMARAJANAGAR DISTSRICT- 571440. …PETITIONER (BY SRI. SRIDHAR A G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT THE MINISTRY OF COMMERCE AND INDUSTRY, M S BUILDING, AMBEDKAR VEEDHI- 560001. 2. THE DEPUTY SECRETARY (ADMINISTRATION) SECRETARIAT-SR UNIT COFFEE BOARD, NO.1, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE ASSISTATNT SECRETARY (LEGAL) COFFEE BOARD, NO.1 DR. AMBEDKAR VEEDHI, BANGALORE- 560001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 4. SMT. MADHU V P W/O LATE B V SRINIVAS, AGED ABOUT 25 YEARS, 5. PRISMA D/O LATE B V SRINIVAS AGED ABOUT 7 YEARS SINCE MINOR REP. BY HER NATURAL GUARDIAN AND MOTHER SMT. MADHU V P NO.3 AND 4 BOTH ARE R/AT 1657, 1ST FLOOR, POLICE LAYOUT, NEAR RING ROAD, NANDANAHALLI, ALANAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT- 570010. …RESPONDENTS (BY SRI. G.RAMESH NAIK., AGA for r1; SMT. ANUPAMA BORDOLOI, ADVOCATE FOR R2 AND R3; R4 AND R5 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 AND 3 TO RELEASE/DISBURSE THE DEATH BENEFITS OF LATE B.V.SRINIVAS, SUCH AS PENSION, PF, GRATUITY ETC TO THE PETITIONER IMMEDIATELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 ORAL ORDER In this petition, the petitioner has sought for the following reliefs: "1. Directing the Respondent No.2 & 3 to release /disburse the death benefits of Late B.V.Srinivas, such as pension, PF, Gratuity etc to the Petitioner immediately. 2. Such other writ, order or directions as this Hon'ble Court deems fit under the facts and circumstances of the case: in the interest of justice and equity." 2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3 and perused the material on record. Respondent Nos.4 and 5 have been served and have chosen to remain unrepresented and have not contested the petition. 3. A perusal of the material on record will indicate that it is an undisputed fact that the petitioner is the mother of late B.V.Srinivas, who was working as a Deputy Director (Extn.) Coffee Board, Hassan and died intestate on 13.11.2020. In the first instance, the said B.V.Srinivas was married to one Smt.Meenakshi. According to the respondent Nos.2 and 3/Coffee Board, the said B.V.Srinivas was originally married to Smt. Meenakshi V and their - 4 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 marriage ended in a divorce vide Judgment and Decree dated 29.01.2009 passed by the Family Court, Mysore. The respondent Nos.2 and 3 also contend that subsequently, the aforesaid late B.V. Srinivas married one Sandhya Rani on 06.05.2011 and even this marriage ended in a judgment and decree of divorce dated 29.09.2018 passed by the First Additional Principal Judge, Family Court, Bangalore. 4. It is also contented by respondent Nos.2 and 3 that subsequently, the aforesaid late B.V. Srinivas got married to respondent No.4 - Smt. Madhu V.P. and from out of their wedlock, respondent No.5 Kumari Prisma was born. Under these circumstances, when the petitioner made a claim for disbursement of the entire benefits in favour of the petitioner as his sole heir and legal representatives by disputing the alleged relationship of B.V.Srinivas with respondent No.4 - Smt. Madhu V.P and Kumari Prisma, respondent Nos.2 and 3 issued a notice dated 23.02.2021 to the petitioner as well as respondent Nos.4 and 5 intimating them that they would have to get their dispute resolved before the competent Civil Court and also file objections before the competent - 5 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 authority of respondent Nos.2 and 3 Board and as such, petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will also indicate that meanwhile respondent Nos.2 and 3 have instituted a suit in OS.624/2021 on 19.03.2021 against the petitioner - Smt. Jayamma and Sri. Nishant, son of late B.V. Srinivas from his second wife Smt. Sandhya Rani and the said suit for permanent injunction and other reliefs filed by the respondent Nos.4 and 5 is pending consideration before the competent Civil Court. 6. Under these circumstances, petitioner is before this Court seeking disbursement of the entire death benefits of the aforesaid B.V. Srinivas on the ground that she alone was the sole heir and legal representative of B.V. Srinivas in addition to being his nominee in the service records of respondent Nos.2 and 3 and contending that apart from the petitioner, no one else is entitled to the death benefits of the late Srinivas. 7. Per contra, learned counsel for respondent Nos. 2 and 3 would reiterate the various contentions urged in the statement of objections and submit that the dispute as regards the alleged relationship of late Srinivas with respondent Nos.4 and 5 and the - 6 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 claim of the petitioner would be considered by the competent authority and all of them ought to appear before the competent authority, who would take an appropriate decision in this regard and which would be subject to the final outcome of OS.624/2021 before the Civil Court and the present petition may be disposed of accordingly. 8. As stated supra, respondent Nos.4 and 5, the aforesaid Smt. Madhu V.P and her alleged daughter Prisma, who are alleged to be the wife and daughter of late Srinivas have been served with notice of this petition and they have chosen to remain unrepresented and have not contested the petition. 9. A perusal of the material on record and the aforesaid facts and circumstances will clearly indicate that the relationship of late Srinivas with the petitioner, who is his mother is an undisputed fact; However, the alleged relationship of respondent Nos.4 and 5, who claimed to be the wife and daughter of late Srinivas is seriously disputed by the petitioner and the Civil Suit in OS.624/2021 is pending before the competent Civil Court. 10. It follows there from that the petitioner being the mother and class - I heir under Section 8 of the Hindu Succession - 7 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 Act, 1956 would undisputedly be entitled to receive 1/3rd share in the death benefits of late Srinivas, not withstanding the fact that she claims the entire benefits not only on the ground that she is the nominee but also that she is the sole legal heir and legal representative of late Srinivas. 11. As stated supra, the issue as to whether petitioner is the sole heir and legal representative of late Srinivas or whether the respondent Nos.4 and 5 are the wife and daughter of late Srinivas would necessarily have to be decided by the competent Civil Court in the aforesaid suit in OS.624/2021. 12. In other words since there is no dispute as regards the 1/3rd share of the petitioner being a class - I heir and mother and class -I heir of late Srinivas in the death benefits of late Srinivas, I do not see any impediment in directing respondent Nos.2 and 3 in dispersing/ releasing 1/3rd share in the death benefits of Srinivas in favour of the petitioner and while leaving open all other contentions including the contention regarding the relationship of respondent Nos.4 and 5 with Srinivas and the right of the petitioner to claim the entire amount as a nominee to be decided by the competent Civil Court and by disposal of the petition accordingly. - 8 - HC-KAR NC: 2026:KHC:19994 WP No. 10834 of 2023 13. In the result, I pass the following: ORDER (i) Petition is hereby disposed of. (ii) The respondent Nos.2 and 3 are hereby directed to release / disburse 1/3rd share in the death benefits of late Srinivas in favour of the petitioner - Mother of Srinivas within a period of two months from the date of receipt of a copy of this order. (iii) All rival contentions between the petitioner, respondent Nos.4 and 5 and Sri. Nishant, the son of Sandhya Rani, second wife of Srinivas and their respective claims except the 1/3rd share of the petitioner are left open to be decided by the competent Civil Court and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 8