HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21185 OF 2006 ORDER: This Writ Petition is filed seeking to issue a writ of mandamus to declare the action of the 3rd respondent – Additional Directorate General of Man Power (P & P)/MP 5 (A), in issuing letter No.12501/4403/MP5(A), dated 14.09.2006, directing the petitioner to produce the probate of Will, as contrary to the provisions of the Indian Succession Act and order dated 03.06.2006 in O.P. No.165/2003 on the file of the Principal District Judge, R.R. District and the law laid down by this Court in 2004-6- A;T-18 and consequently, set aside the same and release the surplus estate of the late Officer Captain Rapolu Veera Raja Reddy without insisting the petitioner to probate the will dated 09.07.2002. The case of the petitioner is that her son by name, Captain R. Veera Raja Reddy was working in the Indian Army. He got married the 11th respondent on 05.05.2002. During the cordon and search operation at Rajouri (J & K), the son of the petitioner expired on 31.07.2002. Before the said incident, the son of the petitioner came to his parents’ house and stayed for ten days. On 09.07.2002, he executed a will bequeathing all the death benefits i.e. AGIF, Ex-gratia from various Agencies, Balances in DSOP, CBI Bank balance and other benefits to the petitioner and her husband, in case if he dies, before the marriage of his sister to meet the marriage expenses of his sister and to support the petitioner in her old age. He bequeathed the monthly pension to the 11th respondent till her remarriage. Therefore, the petitioner is entitled to all the death benefits of her son under the said will. The petitioner submitted all the claim forms to the Army officials and also informed about the will executed by her son on 09.07.2002. But, the Army officials intended to release and pay all the death benefits payable on the demise of the son of the petitioner to his wife i.e. the 11th respondent on the ground that that they had taken a will dated 25.06.2002 from the son of the petitioner. Therefore, the petitioner filed W.P. No.17025 of 2002 before this Court and this Court disposed of the said WP directing the respondents 1 to 10 to consider the claims of the petitioner in accordance with law. Thereafter, the petitioner made several representations to the army officials along with the certificate copy of the Will dated 09.07.2002. The 4th respondent requested the petitioner to produce the probate of will, dated 09.07.2002. Then the petitioner filed OP No.165 of 2003 before the District & Sessions Judge, Ranga Reddy District seeking probate of the will dated 09.07.2002 executed by her son. The said OP was disposed of by the District and Sessions Judge, on 03.06.2006 holding that the probate of the will is not necessary in the State of Andhra Pradesh in view of the judgment of this Court reported in 2004-6-ALT-18. Thereafter, the President, Standing Committee of Adjustments through their letter dated 26.07.2006 directed the petitioner to produce either a probate of will or succession certificate from a competent Civil Court to release the estate amount. Thereafter, the petitioner filed another representation by enclosing a copy of the order, dated 03.06.2006 in OP No.16 of 2003. Even after receipt of the said representation, the respondents again directed the petitioner to produce the probate of the will to release the amount. Therefore, the present petition is filed by the petitioner. Respondents Nos.1 to 10 filed counter affidavit, stating that all the death benefits including Nomination of DCRG, AGIF and WILL were made in the name the 11th respondent by the deceased officer and as per the available documents, they decided to release the amount in favour of the wife of the deceased officer. It is also stated that the second will, dated 09.07.2002 was brought to their notice after demise of the officer, therefore, probate of will from Civil Court is necessary to obtain letter from Ministry of Defence to release the estate amount. The 11th respondent also filed a counter affidavit wherein she stated as follows: “I submit that I received a part of pension, Ex-gratia amount of Rs.7,50,000/- from the Central Government, 50% of the DSOP amount. I have not received any other amount from the Respondents. I have no objection to release all the death benefits along with interest accrued or increase in the benefits as eligible from time to time, remaining amount of DSOP, AGIF, Ex- gratia from various Agencies of Andhra Pradesh, J&K, CBI Bank Balance, claim from LIC, Rajouri (J&K Branch), Army Women Welfare Association, Army Central Welfare Fund, Credit Balances in Officer Account, allotment of Government land/plots, allotment of AWHO house/flat on payment, Petrol Bunk/Gas Station, Payment of Ex-gratia, canteen facilities, (Smart Card) & Health Card and all other amenities, facilities, grants, assignments of movable or immovable and other properties , extension of Honours etc. and other benefits of Late Sri Captain R. Veera Raja Reddy, except the benefits already received by me. I do not want to claim any rights or any sort of interest over the estate, movable, immovable and other properties of Late Sri Capt.R. Veera Raja Reddy and the Petitiner namely Smt. R.Pushpa and her husband Sri R. Kondal Reddy.” This Court on 15.02.2011 passed interim order, which reads as follows: “In pursuance of the counter-affidavit filed on behalf of respondent No.4, the learned Standing Counsel, Miss. Yagna Priya represents that –50% of the amount was already paid to the respondent No.11, who is the widow of the deceased R.Veeraraja Reddy, and the balance amount would be paid to the eligible heirs. It is stated that respondent No.11, being the widow, has no objection to make such payment to the petitioner. The 4th respondent is, therefore, directed to pay the balance amount to the petitioner only, after ascertaining and receiving no objection from the 11th respondent.” Heard and perused the entire record. In the counter-affidavit filed by the 11th respondent, it is clearly stated that the 11th respondent has received the entire benefits and she has no objection for release of the remaining benefits in favour of the petitioner. In view of the stand taken by the 11th respondent, this Court is of the view that writ petition can be disposed of with the following directions: Since the 11th respondent has given no objection for release of the 50% of the DSOP amount and other death benefits of late Officer Captain R.Veera Raja Reddy to the petitioner, respondent Nos.1 to 10 are directed to pay the said amounts to the petitioner. Respondent Nos.1 to 10 are directed to pay the said amounts to the petitioner within a period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. There shall be no orders as to costs. Consequently, the miscellaneous petition pending, if any, shall stand closed. ______________ RAJA ELANGO, J January 19, 2015. KTL