IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27453 of 2007 Between: T. Dhanamma W/o.Late T. Dasaiah R/o.C/o. Gunti Yadagiri Kamala Cheruvu Village, Garidepali Mandal, Nalgonda District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Mellacheruvu Mandal, Nalgonda DIstrict. 2 The Mandal Revenue Officer, Yadagirigutta Mandal, Nalgonda District. 3 The District Collector, Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ or writs order or direction, declaring the action of the respondents in not granting legal Heir Certificate of late Tumma Dasaiah in favour of petitioner as illegal, arbitrary and unconstitutional and consequently direct the respondents to forthwith issue the said Legal Heir Certificate in favour of petitioner; Award costs and pass such other or further as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.V.SUDHAKAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.27453 OF 2007 ORAL ORDER: The petitioner states that her husband, namely, Sri T.Dasaiah while he was working as Junior Veterinary Officer at Chinna Kandukur Village, Yadagirigutta Mandal, Nalgonda District, died on 22.04.2002 and after his demise, she approached respondent Nos.1 and 2, namely, the Mandal Revenue Officer, Mellacheruvu Mandal, Nalgonda District, and the Mandal Revenue Officer, Yadagirigutta Mandal, Nalgonda District, respectively, for issuance of legal heir certificate and death certificate, but respondent Nos.1 and 2 refused to issue the same. Aggrieved by the said action of respondent Nos.1 and 2, the petitioner approached this Court and filed Writ Petition No.20457 of 2002 and pursuant to the directions of this Court, the respondents issued death certificate while refusing to issue legal heir certificate on the premise that one Smt.Lakshmamma too claimed that she is the legally wedded wife of the deceased Dasaiah and, therefore, the respondents advised her to approach the competent civil court and accordingly the said Lakshmamma instituted a suit in O.S.No.209 of 2003 on the file of the Junior Civil Judge, Suryapet, seeking a declaration that she is the legally wedded wife of the deceased Dasaiah, which was dismissed by its Judgment dated 09.02.2004. Later, the said Lakshmamma preferred an appeal in A.S.No.31 of 2004 on the file the II Additional District Judge, Nalgonda at Suryapet, which too ended in dismissal by Judgment dated 27.07.2007. Subsequent to the dismissal of the said appeal, the petitioner submitted a representation dated 10.09.2007 enclosing therewith copy of the Judgment and decree of both the above Civil Courts, to the respondents for issuance of legal heir certificate for the purpose of getting pensionary benefits of her deceased husband. The main grievance of the petitioner in this writ petition is that the respondents, have not considered her representation dated 10.09.2007 and have not issued the legal heir certificate till date. Hence, the petitioner filed the present writ petition. When the matter is taken up for admission, it is brought to the notice of this Court by the learned Assistant Government Pleader for Revenue, on instructions, that the representation dated 10.09.2007 made by the petitioner is under consideration before the respondents. Further he produced a copy of the letter No.12318/SER.II(2)/2006-1 dated 12.07.2006 issued by the Secretary to Government, Revenue Department, A.P. Secretariat, Hyderabad which was addressed to the Assistant General Manager, Reserve Bank of India, Public Debt Office, Hyderabad, wherein inter alia it is stated that the Mandal Revenue Officers can only give family membership certificates in respect of Government employees and they are not competent to issue legal heir certificates. He, however, agreed for disposal of the writ petition at the stage of admission with the following directions: The respondents are directed to consider and dispose of the representation dated 10.09.2007 made by the petitioner for issuance of family membership certificate in lieu of legal heir certificate as sought for, in her favour by taking into consideration the Judgment and decree passed in O.S.No.209 of 2003 on the file of the Junior Civil Judge, Suryapeta as confirmed in A.S.No.31 of 2004 on the file of the II Additional District Judte, Nalgonda at Suryapet and pass appropriate orders thereon in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 08.07.2008 VGSR