Extracted from the PDF above. The PDF is authoritative.
APHC010232832026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12300 OF 2026 Between:
1. ALAVALA MANIKYAM, W/o Prasad, Age 40 years, Resident of Surampalli, Gannavaram Mandal, Krishna District-521212
2. Guddeti Prasannatha,, D/o Subbarao, Age 16 years. Resident of Surampalli, Gannavaram Mandal, Krishna District-521212 Being minor represented by her Aunty Alavala Manikyam ...Petitioners AND
1. THE STATE OF AP, Represented by its Principal Secretary, Home Department, At Secretariat, Velagapudi, Amaravati, Guntur District-522238.
2. The State of Andhra Pradesh, Represented by its Principal Secretary, Social Welfare Department, At Secretariat, Velagapudi, Amaravati, Guntur District-522238.
3. The Collector and District Magistrate, Krishna District, Machiiipatnam-521002.
4. The Superintendent of Police, Krishna District, Machiiipatnam-
521002.
5. The Sub Divisional Police Officer, Gannavaram Sub Division, Krishna District-521101.
6. The Station House Officer, Gannavaram Police Station, Krishna District-521101.
7. The District Social Welfare and Empowerment Department, Represented by its officer, Krishna District-521002.
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8. The Revenue Divisional Officer, Gudivada Krishna District-
521301.
9. The Tahsildar, Gannavaram, Krishna District-521101.9.
10. The Tahsildar, Machilipatnam, Krishna District-521001. ...Respondents 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 topleased to issue an appropriate Writ,
Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 9th and 10th respondents in not implementing the proceedings issued by the 3rd respondent vide Proceedings No. REV-MAGLOPOA(sr)/6/2025-JA(MAGL-2)- KCO dated 26.03.2025 and in not releasing the sanctioned Vitim compensation to the 2nd petitioner as illegal, arbitrary, unjust and against the principles of natural justice and against the G.O.Ms.No.95, Social Welfare (CV.POA) Department, dated 29.08.2016 and Violative of Articles 14 and 21 of the Constitution of India, 1950 and Consequently, to direct the respondents to immediately to take action on the compensation proceedings, dated 26.03.2025 and to release the compensation amount to the 2nd petitioner and pass Counsel for the Petitioners: GURINDAPALLI MANJUSHAW Counsel for the Respondents: GP FOR HOME for R.1,4,5 & 6 Counsel for the Respondents:O. Sayamma, GP FOR REVENUE for R.3,8,9 & 10 Counsel for the Respondents:GP FOR SOCIAL WELFARE for R.2 and & 7 The Court made the following order:
3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.12300 of 2026
Order: The present Writ Petition is filed questioning the action of the Respondent Nos. 9 and 10 in not implementing the Proceedings issued by the Respondent No. 3 vide Proceedings No. REV- MAGL0POA (Sr)/6/2025-JA(MAGL-2)-KCO, dt. 26.03.2025, and not releasing the compensation awarded to the Petitioner No. 2 as illegal and arbitrary. 2. The Petitioners belong to the Schedule Caste Community. Petitioner No. 1 is a physically disabled person. The brother of the Petitioner No.1 by name Guddeti Subbarao separated from his wife due to family disputes, and the elder daughter of Subbarao, i.e., Petitioner No.2 was under the care and protection of the Petitioner No.1. While so, the Petitioner No.2 was subjected to abuse by Gurram Srikanth, and a criminal case was registered vide Crime No. 330 of 2024, dated 06.11.2024, on the file of Gannavaram Police Station, Krishna District. Thereafter, a Charge Sheet was filed before the Special Judge for the offences under the Protection of Children from Sexual Offences, Vijayawada, for the offences punishable under Sections 64 (2) (m) of the Bharatiya Nyaya Sanhita, 2023, 5 (1) r/w 6 of the POCSO Act, 2012, and Section 3 (2) (v) of the SCs & STS (POA) Act against the Accused i.e., Gurram Srikanth and two others. 3. G.O.Ms.No.95 Social Welfare (CV.POA) Department, dated 29.08.2016, which was adopted by the present State Government, was issued providing compensation for members belonging to the
4 Scheduled Caste and Schedule Tribe communities who were subjected to offences under the Scheduled Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989. Respondent No. 3, after considering the nature of the charges framed against the Accused, issued the impugned proceedings, i.e., vide File No. REV- MAGL0POA (Sr)/6/2025-JA(MAGL-2)-KCO, dated 26.03.2025, declaring that the Petitioner No.2 is eligible for Monetary Relief for an amount of Rs. Rs.3,75,000/-, i.e., 75% in terms of the said government order at the charge sheet stage and sanctioned the amount to the victim while directing the Tahsildar, Gannavaram, to provide utensils, rice, wheat, dals, pulses, etc., for a period of three months to the victim as specified at Sl.No. 46(iii) of the Annexure of G.O.Ms.No.95, dated 12.08.2016. 4. The grievance of the Petitioners is that though the Order was passed on 26.03.2025, the benefits did not trickle down to the Petitioner No.2. 5.
Learned Assistant Government Pleader on instructions submits that the delay in disbursement of the amount was due to the non-release of the funds by the State Government and that the amounts will be credited into the Petitioner No. 2's account as and when the amounts are received. 6. Heard the respective counsel. 7. The benevolent purpose for the grant of the amount and other commodities is virtually being defeated by the delay of the respondent authorities. 5
8. Considering the purpose the compensation was granted, the Writ Petition is disposed of with the following directions: i) the Respondent Authorities shall implement the impugned Proceedings issued by the Respondent No.3 vide No.REV- MAGL0POA (Sr)/6/2025-JA(MAGL-2)-KCO, dt. 26.03.2025, within a period of four weeks from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 04.05.2026 eha
6 HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.12300 of 2026 Dt. 04.05.2026
eha