Kurapati Padma v. The State of Telangana

Petition under A(icle 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in non-considering the representation of the Petitioner dated 30.12.2024 who became as a victim in rape and POCSO offences and non-initiating to pay the compensation to the Petitioner by following the directions of the Central Government and State Government is illegal, arbitrary, u nconstitutio na I and violation of Articles 14, 15, 2'1 of Constitution of lndia and also violation of Principles of Natural Justice and consequently dlrect the Respondent No.3 to consider the representations of the I Petitioner daled 30.12.2024 and pay the compensation to her by following the directions of the Central Government and State Government. lA NO: 1 OF 2025 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 to direct the Respondent No. 3 to consider the representations of the Petitioner dated 30.12.2024 and pay the compensation to her by following the directions of the Central Governmeht and State Government pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.'|, 3 to 5: GP FOR REVENUE Counsel for the Respondent No.2: GP FOR WOMEN DEVELOPMENT & CHILD WELFARE DEPT. Counsel for the Respondent No.6: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2173 of 2O25 ORDER: This rvrit petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the folloning relief: "For the r-easons statcd in the accompanying affidavit, the petitioner herein pr:r1,s thilt this l{onble court may be pleasccl to issue an orcler or directiorr more particularly one in the nature of Writ of MrLntiamu s cleclaring thc action of tlle Respondent No.3 in non-cr.rnsicle ring thc representation of the Petitioner dated 30. 12..2024. rvho becamc as a vig:tirn in rape :rncl POCSO ofl-cnccs irnrl norr-initiating to pay the compens:rtion to the Petitioncr by following the directions of the Central (lovernment and Statc Government is illegal, arbitrary, Lrnconstitu tional and violirtion of Articles 14. 15, 2 1 of Constitution of Incli:r and irlso violation of f'rinciples ol Natural Justice trncl consecprerrtll clircct thc Respor-rdent No.3 to consider the representations of tirc Petitioner clated 30.12.2O24 and pay the compens,ltion to her by tbllowing the clirections of the Ccntral G()vcrnrncrlt ancl St:rtc (iovernment and pass such othcr ortler or orders iis this Iforr'ble Court m:ry cleem fit and proper in the circurnstalnccs of tlrc casc."

2. It is stated that the petitioner is a victim of olfences registered in Crime No.B of 2020 under Sections 376(2\(n), 2 CVBR, J W.P.No.2173 of 2025 506, 498-4 ol I.P.C. read with Sections 3 and 4 of Dowry Prohibition Act, 196 I and also Section S(i)(ii), (L) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'). It is further stated that the petitioner has made a representation dated

30.12.2024 to the District Collector, Yadadri Bhuvanagiri District for payment of compensation as per the provisions of POCSO Act

3. Mr. Rapolu Bhaskar, learned counsel appearing for the petitioner vehemently contended that the petitioner being the victim of the alleged offences is entitled for payment of ex-gratiaf compensation in terms of the various G.Os issued by the Government, but even though the application submitted by the petitioner has been received by the District Collector, the case of the petitioner has not been considered for payment of compensation.

4. Learned Government Pleader 1br Women Development and Child Welfare Department appearing for 3 CVBR, J W.P.No.2173 of 2025 respondent No.2 has submitted that the Government has issued policy guidelines in G.O.Ms.No.9, Larv (LA, LA&J_Home_ Courts-B) Department dated 2g.O2.2olg for payment of compensation to the victims of the POCSO Act and other offences against the r.vomen. Learned Government pleader relying upon clause 6 of G.O.Ms.No.9 d,ated, 2g.O2.2OL9 submitted that the victims have to submit ar application/recommendation for compensation before the State Legal Services Authority or the concerned District Legal Services Authority and the Secreta_ry of the respective District Legal Services Authority shall decide the application/recommendation moved before him/her as per the Scheme, for payment of compensation.

5. This Court, without expressing any opinion on the entitlement of the petitioner to receive the compensation as per the policy guidelines issued under G.O.Ms.No.9 dated 28.O2.2OL9, deems it appropriate to relegate the petitioner to Iile an application on the file of the State l,egal Services Authorit5r or the concerned District l,egal Services Authoritlr I I ,ll 4 CVBR, J W.P.No.2173 of 2025 within a period oi two (02) rveeks from today. On such application being ll:d by the petitioner, the Legal Service Authority is directcC to examine the same, if the petitioner is othcnvise eligiblc e-rrC fullills atl the terms and conditions laid do'.vn in G.O.Ms.Ilc.f date'i 28.02.20i9 and considei'the same strictty in accordr:c: r.'rith the pol.cy guidelines issueC by the Governnient in G.O.Ms.l{o.9 dated 28.02.2019, rvhich are applicable to the case of the petitioner within a period of three (03) months from the date of receipt of such an application.

5. With the - above observations, the Writ Petition is disposed of. Thefe shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closcd. //TRUE COPY// SD/-V.KA THA ASSISTANT REGI SECTION OFFICER To, 1 The Principal Secretary. Revenue Department, Secretariat, Hyderabad, State of Telangana.' Secretariat Building,

2. The Commissioner, Women and Child Welfare Hyderabad. Department, Telangana, 3 The District collector, Yadadri Bhuvanagiri, yadadri Bhuvanagiri District 4, The Revenue Divisional Officer, Yadadri Bhuvanagiri Division, yadadri Bhuvanagiri District.

5. The Tahsildar, Gundala tt/anclal, yadadri Bhuvanagiri District

6. The Station House Officer, Gundala Police Station, Yadadri Bhuvanagiri District.

7. One CC to SRI RAPOLU BHASKAR, Advocate IOPUCI B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CCs to GP FOR WOMEN DEVELOPMENT & CHILD WELFARE DEPT., High Court for the State of Telangana at Hyderabad [OUT]

10.Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

11.Two CD Copies BSR GJP ,/ l HIGH COURT DATED: 2710112025 ( \ ORDER WP.No.2173 of 2025 L1 S I-,A I ( ! g 1I rra zri: * D Espr.TCu DISPOSING OF THE WRIT PETITION, WITHOUT COSTS /,/ //zI