IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 1386 of 2005 BETWEEN: M. Sarada W/o. Late M. Sivaprasad, R/o.D.No.27/760, Ambedkarnagar, Anantapur. ... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Home (Police) Department, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police Anantapur. 3 The Station House Officer, I Town Police Station, Anantapur. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the respondents in not extending the benefits of G.I.Ms.No.3, dt.16.1.1996 and in not including the provisions of Prevention of Attrocities on SCs and STs Act in the Cr.No.155/2004 on the file of the 3rd respondent as being illegal, arbitrary and violative of principles of natural justice and fair play besides being violative of Articles 14,21 and 300-A of the Constitution of India, and consequently direct the respondents to pay the compensation as was contained in GO Ms.No.3, dt.16.1.1996 and pass such other order or orders. Counsel for the Petitioner: MR.IMMANENIRAMA RAO Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner submits that she is entitled to avail the benefit of G.O.Ms.No.3 dated 16.01.1996 and accordingly seeks a Writ of Mandamus to direct the respondents to pay the compensation as was directed in the said Government order. 2. Counter has been filed stating that insofar as the case relating to the death of the petitioner’s husband in Cr.No.155 of 2004 under Sections 364, 302, 324 read with Section 34 of the Indian Penal Code is concerned, the investigation has been completed and after filing charge sheet the same was taken on file as P.R.C.No.40 of 2005 on the file of the Additional Judicial First Class Magistrate, Anantapur and subsequently the same was committed to Sessions vide S.C.No.707 of 2005 on the file of the District and Sessions Judge, Anantapur. After trial the case ended in acquittal by judgment dated 02.07.2008. It is stated that the provisions of the Schedule Castes and Schedule Tribes (Prevention of Attrocities) Act were not included in the FIR as it was opined that the said Act is not attracted in the case. However, it is stated that the benefits of G.O.Ms.No.3 Social Welfare (H) Department dated 16.01.1996 were extended to the petitioner and the petitioner was appointed as ‘Kamati’ in Social Welfare Hostels as per the order of the Collector, Anantapur District vide proceedings in Rc.No.A3/244/2005 dated 25.06.2007 and at present she is working in Social Welfare Girls Hostel at Madakasira of Anantapur District. It is further stated that, in fact, as per the said G.O. an amount of Rs.1,50,000/- towards ex-gratia has also been sanctioned to the petitioner vide proceedings in Rc.MC.1/2424/2006 dated 26.04.2006. 3. As the benefits of the aforesaid G.O.Ms.No.3 dated 16.01.1996 were extended to the petitioner, I am of the opinion that no further orders are required to be passed in the writ petition. The writ petition is accordingly closed. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 23, 2008 DSK