THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15876 of 2011 Dated: 13.06.2011 Between: Mohd. Moinuddin .. Petitioner. and The Regional Manager, A.P.S.R.T.C., Ranga Reddy Region, at Mahatma Gandhi Bus Station, Hyderabad, and another. .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15876 of 2011 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the inaction of the 2nd respondent in considering the case of the petitioner and other legal heirs of Late Md. Rafiuddin for the release of the death benefits of Late Md.Rafiuddin including Rs.1,00,000/- sanctioned by the 1st respondent in lieu of the compassionate appointment of the petitioner on the basis of the legal heir certificate, dated 08.07.2010, issued by Tahsildar, Saidabad, as illegal and arbitrary. It is the case of the petitioner that his father Md.Rafiuddin, who was working as Helper in the respondent Corporation, died in harness on 22.09.2001. Thereafter, he along with other legal heirs of late Md.Rafiuddin submitted claim petition to the respondents seeking release of death benefits of their father, and also enclosed a copy of the legal heir certificate, dated 08.07.2010, issued by the Tahsildar, whereby he and his three sisters were declared as legal heirs of Late Md.Rafiuddin and entitled to receive the death benefits of their father. But, as there was action on the said claim petition, the petitioner got issued a legal notice, dated 14.02.2011, to the 2nd respondent. However, the 2nd respondent issued a reply, dated 28.02.2011, requesting the family members of the deceased to submit succession certificate for settlement of the death benefits of the deceased employee as early as possible. The grievance of the petitioner is that in spite of his producing a legal heir certificate, dated 08.07.2010, issued by the Tahsildar, the respondent Corporation is not considering his request of releasing the death benefits of his father including Rs.1,00,000/- sanctioned by the 1st respondent in lieu of the compassionate appointment. Hence, this writ petition. Heard the learned counsel for the petitioner and perused the entire material placed on record. Admittedly, the Tahsildar/Mandal Revenue Officer is not the competent authority to issue a legal heir certificate. When there is a dispute with regard to the persons who are entitled for the death benefits of the deceased employee, the competent civil court has to declare the legal heirs of the deceased employee. Therefore, the impugned action of the respondents needs no interference of this Court. Accordingly, this writ petition is dismissed leaving it open to the petitioner to approach the competent civil court and obtain the succession certificate. No order as to costs. __________________ JUSTICE K.C.BHANU 13.06.2011 v v