The High Court · 2025

Counsel for the llespondents: SRI R. ANURAG (SC FOR TSRTC) The Court made the following: ORDER r'i: -l!*r*rt;i , -j.: lllEk S* l.J HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.289 300F2 o22 ORDERI Heard Sri G.V.L.Narasimha Rao, learned counsel appearing on behalf of the petitioners and Sri R'Anurag, learned standing counset appearing on behalf of the respo nd ents.

2. The oetitioners aDDro ched th Court s kinq oraver as under: "...to issue writ, order or direct more particularly one in the nature of WRIT OF MANDAMUS declaring inaction of the respondents, disbursing the death benefits of Petitioners No.1's husband / deceased late Kashanna as per the orders of the OP NO. 38 of 2010 Dated' 22172/2014 of Honorable Sr. Civil Court L'B.Nagar' refusing to disburse the said death-benefits under guise of the unconcerned orders in M.C.56 of 2015 of the family Court, Secunderabad is illegal, improper, unconstitutional and arbitrary and CONSEQUENTLY direct the respondent No. 1 & 2 to disburse the death benefits of late Kashanna to the petitioners with an interest of Rs. 24 percent P.A. as they nettled as per SOP NO. 38 of 2010 Dated. 22/L2l2Ol4 of Honorable Sr' Civil Court L.B.Nagar. and pass .." 2 SN, J

3. tt i; specific case of the petitioners that the respondents are not Jr:;lr.lrsing the death benefits of petitiorrers No.1,s husband / rleceased late Kashanna as per the orclers of the SOp No. 38 cf 20tO, dated 22.I2.20t4 of the Courr c,F tile Sr. Civil court L. 3. Nt:3ar and are refusing to disburr;e the said death benefits u rrie r guise of the unconcerned orrjers in M.C.56 of 2015 oF tht: lerrnily Court, Secunderabad and ilre s,:me is illegal, improper, urr :lnstitutional and arbitrary. Aggriovecl by the same, the Writ F,eli:io,r is filed. 4.P ERU SED, THE R CORD. A. The r e lervant Dortion of the order dated 22 .12.20 L4 Dassed ln -5o P.No.38of 2 1O of the Co urt of the prl. se n ior c iv!J-_Judqe, Ranqa Reddy District [ql hereu n de r:1 racted ?.',..f,. th:re is no proof filed by the responcent that the petitionel'; 2 & 4 are not_born tfrrougf,"<alann,t at the same tirr)(t the petitioners 2 to + as pei f,..n!; to AB were born tr> [re 1st petitioner-.and Kasanna even tnr.,ugn tne marriar;e: ir between the 1sr petitiona, unO-K*unna: is not a not a rz.r il marriaqe but petitione.. i to +l.e the legal heirs c f (,r:ceased Kasanna, since the 2nd res;pondent proved ftrrri: the 2nd respondent is tetatty wecldecl wife of Kasanna rren the Kavitha who is bo;l; ,iii' r-esponoent and,Ka:;a.ra is also legat heir of a";;;r"; t(urr,nn.. As the petiticne-s "ired this petition t issue rrii".rion,,"rtiricate in J SN. J favour of the petitioners 1 to 4, as the 1st petitioner failed to oroue that she is the legally wedded wife of deceased fitunnu. The l't petitioner is not entitled to receive the amount whereas the petitioners 2 to 4 and respondents 2 and Kavitha daughter of Kasanna are entitled to withdraw the amount and [he amount to be distributed equally' 10. In the result, petition is partly allowed the petitioners )-to i and 2nd respondent and her daughter Kavitha is entitled to receive the death benefits of Kasanna' Issues iuccession certificate in favour of the petitioners 2 to 4 and respondent no.2 and her daughter Kavitha' The relief as sought for by the petitioners is a 5. direction to the respondent Nos'1 & 2 to disburse the deathbenefitsoflateKashannatothepetitionersasper the judgment and Decree, dated 22J2'2014 passed in SOP.No.38 of 2O1O of the Court of the Prl' Senior Civi! Judge, Ranga ReddY District'

6. Learned counsel appearing on behalf of the petitioner submits that in spite of severa! representations to the respondent Nos.1 & 2 herein, theY had not initiated any steps to release the death benefits due to the petitioners herein as per the petitioners'legal entitlement' 7 Lea r d n tn u n h lf o u NI s h u n h 4 1 SN, J petition e, rs_ _lnakino re Drese ions to t he _ res.pond ents Dutt rno- f ortih e s rtev nc as_ Irull -forth ln the oresent \vrit petition steDs co uld be ini_tja!$d bv the resDondents to release the death b of late Kashanna_!p1 tna cor e the Judqm_e:[t and Decree, dated 22.12.2014 p assed tn SOP.No.381rl_ 2O1O of the Court of the prt. Selljgr-qv!-l Judqe, Rang_11 Red Di tri wt na ea na le eriod. lA, as D to la 8, Lear ned ligunse! aooearinq on behalf oflhe_pgtitione rs does not djsp ) e h su mts ron m ade if,_ the ea rn rln on behalf of the res ollrdents. st ndi nq PD 9 Taki lfrto consi d e ration : - a) The afore:said facts and circumstances of the,r:ase. b) The suhmissions made by the learned counsel appearing otr behalf of the petitioners and learned standing corunr;el appearing on behalf of the respondents. c) The contr:nts of the Judgment and dercree, dated 22.L2.2OL4 passed in SOp.No.3g of 2O1O of the Court of the Prl. Senror Civil Judge, Ranga Reddy District (r,eferred to and extractecl above) \ 5 T e Wri P s of dire tn SN. J t I I e t titi ne to make a reo se p qr levance of the DEtitioners as Dut Writ Petitionseekinqd isbu rsemen e iti ne t K h nn of la tati on outti nq-forth the -forth in th Drese t tof th e death benefits a c e ed 22 L2. o 4 d a 2 10 bv the Prl. Se nrorCivil J s n OP.No 8 udqE,Ranqa Redd v Di strict w hi J e he rd ra du o 1 w k he sa r r e th d r el r t ti n fro d nt s I 2 e t to t t r t t to n en N 1& 2 shal co sl r he re e s n o r rel iti ne sf t t rsh el e leqal entitl em ent as Der he Jud qm 22.L 2.2o L4 Dassed inS oP. No. e h e a r D ent and cree, dat d 38 ot2o1 Oo he Cou t rt of Prl. Sen tor lud qe, Ra nqa edd v R Dis c rd er a c r to law wl hi a d t n c m ntc e e o e ks b c ts u t t e et h rel However, there shal! be no order as to costs' 6 SN. J Miscelle, reous petitions, if ofly, pending in this Writ Petition, stra ll stand closed. //TRUE COPYII SD/- A. JAYASREE ASSISXAI..T REGISTRAR -\* Ser:ttott oFFtcER To,

2. J. 4 The Managirrr; l)irector, TSRTC, Bus Bhavan, tt,tusher)buO l-.yderabad. The Depot V zl rrr;er, TSRTC, l\zlehadipatnam, Hyderabad,.f ela.rgana. One CC tc Sl il G L NARASIMHA RAO Advocate [CrpUO] One CC t,r SFll R. ANURAG (SC FOR TSRTC) tOpUCl Two CD Oop e; KKS GJP HIGH COIJRI' DATED:02 rcl;12025 I --/- " = atri: 1 tt :- :i f { l.o 2 5 .ult 2P5 t o ,+ ({'( () a r\ .\: ORDER WP.No.289:30 of 2022 DISPOSING ]-HE WRIT PETITION WITHOUT COSTS & r,