LAWS(TLNG)-2023-4-67

KAGNE PANDARI Vs. STATE OF TELANGANA

Decided On April 19, 2023
Kagne Pandari Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition is filed seeking Writ of Certiorari calling for the records relating to the orders passed by the respondent No.2 in Original Suit No.A4/CPC/138/2018, dtd. 1/4/2021 in holding that the respondent No.7 is the legally married wife of the deceased Kagne Santhosh and she is his legal heir and further holding that she is eligible for claiming the death benefits of the deceased, without giving any opportunity to the petitioners and without conducting the trial or enquiry as per the provisions of C.P.C., without considering the provisions of Agency Rules and without having jurisdiction and set aside the orders passed by the respondent No.2 in O.S.No.A4/CPC/138/ 2018, dtd. 1/4/2021 by declaring the same as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to the rules.

(2.) Heard Sri S. Surender Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Social Welfare appearing for respondent Nos.1 to 4, learned Deputy Solicitor General of India, appearing for respondent Nos.5 and 6, and Sri G. Chandra Mohan, learned counsel appearing for respondent No.7.

(3.) Learned counsel for the petitioners submits that petitioner Nos. 1 and 2 are parents of Kagne Santhosh, petitioner Nos.3 and 4 are his brothers. He further submits that respondent No.7 forcibly married Kagne Santhosh on 6/5/2013 and due to her harassment, their son has taken divorce on 5/6/2013 from her in the presence of caste elders and they returned the household articles and other amounts and also paid an amount of Rs.1,00,000.00 (Rupees One Lakh only) towards her permanent alimony, and he died on 12/6/2013 due to electrocution.