IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7120 of 2004 Between: Harijana Vonnurswamy, S/o. Late Hanumappa R/o. Puli Thimma Reddypalli, Kalyandurg Mandal, Anantapur District. ..... PETITIONER AND The Mandal Revenue Officer, Kalyandurg Mandal, Anantapur District. .....RESPONDENT Counsel for the Petitioner:MR.SESHADRI GOALLA Counsel for the Respondent: GP FOR REVENUE The Court made the following : ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of mandamus to declare the action of the respondent in rejecting the petitioner’s representation for payment of claim amount under “Apathbandhu” scheme of the Government of Andhra Pradesh, vide his letter, dated 25.09.2003 as illegal and arbitrary. The petitioner claimed that his mother, by name, Harijana Anjamma, wife of late Harijana Hanumappa died of snake bite on 28.06.2003 at 12.30 p.m. at Community Health Centre, Kalyandurg, Anantapur District. The petitioner’s application for payment of the insurance coverage under “Apadhbandhu” scheme under G.O.Ms.No.95, dated 28.09.1998 and G.O.Ms.No.97, dated 30.09.2008 was rejected by the respondent vide his endorsement, dated 25.09.2003. Feeling aggrieved by the same, the petitioner filed the present writ petition. A reading of the impugned endorsement shows that the ground of rejection of the petitioner’s claim was that neither an FIR was registered nor a panchanama was prepared showing the cause of death. The learned counsel for the petitioner relied on G.O.Ms.No.702, dated 30.09.1999 wherein it is inter alia provided that the total coverage of insurance under the above mentioned “Apadhbandhu” scheme is restricted to a maximum of 2000 deaths in a year or Rs.20 crores and that death due to snake bite or due to attack by wild animals is also covered by the said scheme. Clause 5(15) of the said G.O. reads as under: “Death due to Snakebite or due to attack by wild animals is also covered under Apadhbandhu scheme, as these are accidents, subject to postmortem report or Medical Certificate from the Doctor not below the rank of Assistant Civil Surgeon.” The learned counsel for the petitioner invited my attention to a copy of the certificate issued by the Medical Officer, Community Health Centre, Kalyandurg, Anantapur District, wherein it is certified that Harijana Anjinamma, wife of late Harijana Hanumappa, a native of P.T.R.Palli Village, Kalyandurg Mandal was admitted in his hospital on account of snakebite on 28.06.2003 at 11.00 a.m. and that she expired on the same day at 12.30 p.m. From the above extracted portion of the Government Order, it is evident that either postmortem report or medical certificate from the doctor is sufficient for claiming the amount under the Scheme. I am, therefore, of the opinion that rejection of the petitioner’s claim on the ground of absence of FIR and panchanama cannot be sustained. The impugned endorsement is, therefore, set aside. The respondent is directed to consider the authenticity of the Medical Certificate purported to have been issued by the Medical Officer, Community Health Centre, Kalyandurg, Anantapur District and on his being satisfied about the genuineness of the said certificate after due verification, he shall dispose of the petitioner’s claim. This shall necessarily mean that if the respondent is satisfied about the authenticity of the Medical Certificate, he shall grant the benefit under “Apadhbandhu” Scheme to the petitioner. The respondent shall complete this exercise within a period of four (4) weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. As a sequel to disposal of main petition, WPMP.Nos.7364 and 9272 of 2004 filed by the petitioner are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 9th JUNE, 2008 Note: furnish c.c. in one (1) week. B/o kvni