Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : --- Date of pronouncement : 29.06.2026 Date of uploading
:
APHC010295472026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16231/2026 Between:
1. K PADMARAO, S/O. LATE. KOTESWARARAO, AGE 50 YEARS, RIO. PEDDAREDDYPALEM,
NARASARAOPET MANDAL, PALNADU DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY LNFRASTRUCTURE AND INVESMIEFT, SECRETARIAT, VELAAPUDI, AMARAVATI. 522237
2. THE SUPERINTENDING ENGINEER, APCPDCL, NARASARAOPET DIVISION,
NARASARAOPET MANDAL, PALNADU DISTRICT. - 52160
3. THE EXECUTIVE ENGINEER, APCPDCL NARASARAOPET DIVISION NARASARAOPET MANDAL, PALNADU DISTRICT. 522601
4. MARRI RAGHUNADH, S/O LATE KOTAIAH, AGED ABOUT 42 YEARS, CULTIVATION, R/O D.NO. 29-1346-47, WARD NO. 2, KOTHAPET, BEHIND VINUKONDA BUS DEPOT, VINUKONDA
2
TOWN. ...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 tomay be pleased to issue an appropriate writ, order or direction, particularly a Writ of Mandamus declaring the action of the Respondent No. 2 and 3 in releasing the death benefits of Late. Marri Nagendrababu who was working as a Line Man in APCPDCL, died intestate while on duty at Bandlamotu, Vinukonda, on 22-03-2025, without following the due process of law, under the influence of the respondent No.4, for monetary benefits, is illegal, arbitrary, and contrary to the Article 14 of the Constitution of India, and Pass such 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 may be pleased to direct Respondents Nos.2 and 3 not to release the death benefit of late. Mam Nagendra babu to anybody, and the said amount may be directed to be kept in deposit or in abeyance till further orders and pass such Counsel for the Petitioner:
1. CHAKRAVARTHY P V S K Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. V V SATISH The Court made the following:
3
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16231 of 2026 ORDER:
1.
The present Writ Petition is filed questioning the action of Respondent Nos.2 and 3 in not releasing the death benefits of late Nagendra Babu, who worked as a lineman in APCPDCL, as illegal and arbitrary. 2. The Petitioner had filed O.S.No.174 of 2022 on the file of Principal Civil Judge (Junior Division), Narasaraopet against late Marri Nagendra Babu, who worked as a lineman in APCPDCL. The said suit was filed on the strength of two promissory notes (Rs.3,00,000/- and Rs.2.60.000/-) executed by late Marri Nagendra Babu on 05.02.2020, agreeing to repay the same with interest @24% per annum. The said suit was decreed by Principal Civil Judge (Junior Division), Narasaraopet on 24.08.2022. 3. Thereafter, the Petitioner filed an Execution Petition (E.P) for attachment of salary of late Marri Nagendra Babu vide E.P.No.129 of 2022 on the file of Principal Civil Judge (Junior Division), Narasaraopet and an interim order was passed by this said Court attaching the part of salary of late Marri Nagendra Babu. Thereafter, late Marri Nagendra Babu died on duty on 22.03.2025 leaving his two minor sons and his
4
wife. On account of death of late Marri Nagendra Babu, the said E.P was closed. 4. Thereafter, the Petitioner filed another E.A.No.243 of 2025 to implead the minor sons of the late Marri Nagendra Babu vide E.A.No.243 of 2025 showing Respondent No.4 as guardian i.e., brother of the deceased/late Marri Nagendra Babu and the said E.A was dismissed by the Trial Court. 5. In the interregnum, as the death benefits of the deceased/late Marri Nagendra Babu are being disbursed by the Respondent- Corporation in favour of his successors i.e., through their guardian/Respondent No.4. Hence, the present Writ Petition came to be filed. 6. Learned Standing counsel for the Respondent/Corporation submitted that the Writ Petition is not maintainable and the Petitioner has to pursue his remedies before the Trial Court.
It was further submitted that the Petitioner had failed in impleading the successors of deceased/late Marri Nagendra Babu before the Trial court. 7. Heard the counsels. 8. Firstly, the successors of the estate of deceased/late Marri Nagendra Babu are not arrayed as parties in the present Writ Petition. 5
Secondly, the Petitioner vide E.A.No.243 of 2025 having failed to implead the sucessors of the deceased/late Marri Nagendra Babu at Trial Court attempting to execute the decree through this Writ Petition. Thirdly, the disbursal of the death benefits of deceased/late Marri Nagendra Babu is a statutory obligation of Respondent-Corporation and in the absence of any order of attachment in a Civil Court, no order can be passed by this Court. Therefore, the Writ Petition hopelessly devoid of merit and is dismissed. No order as to costs. 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 29.06.2026
CM✓/PS/APS – chs Whether the order is: Speaking ✔ Reasoned
Reportable
Non-reportable ✔
6
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 139
WRIT PETITION No.16231 of 2026 Dated: 29.06.2026
chs