IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12804 OF 2025 Between: Pagadala Lavanya, W/o. Late Ande Ashok Kumar, R/o. Flat No.202 Manasa Apartment, Near Nethaji School, Ram Murthy Nagar, Nellore SPSR Nellore District. ...PETITIONER AND 1. State of Andhra Pradesh, Revenue Department, Rep by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore Revenue Division, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Urban Mandal, RDO Office Complex, Nellore SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may p be pleased to issue a Writ, order or direction more particularly one in the nature of Mandamus, declaring the proceedings in L.Dis.No.271/20 25 dated,108^54-2025 issued by the 4th Respondent as illegal, arbitrary. tdijscriminatory, unconstitutional and violative of Principles of Natural Justice besides violative of rights as guaranteed under Articles 14 and 16 of Constitution of India and also contrary to the guidelines issued by the State Government vide G.O.Ms.No.145 dated 25-04-2015 consequently set-aside the proceedings in L.Dis.No.271/2025 dated 08-04- 2025 issued by the 4th Respondent and direct the Respondents to issue family members certificate to the Petitioner and pass and lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant interim suspension of impugned proceedings L.Dis.No.271/2025 dated 08-04-2025 by directing the Respondents to issue family members certificate to the Petitioner in terms of G.O.Ms.No.145 dated 25-04-2015, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. K KOUTILYA Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: >• 1 APHC010243882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12804/2025 Between: Pagadala Lavanya ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KKOUTILYA Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: / 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.12804 OF 2025 ORDER:- The writ petition is filed under Article 226 of the Constitution of 1. India, challenging the action of Respondents, more particularly. Respondent No.4 in issuing proceedings in L.Dis.No.217/2025 dated 08.04.2025 as illegal and arbitrary and also contrary to the guidelines issued by respondent No.1 vide G.O.Ms.No.145 dated 25.04.2015; consequently set aside the same and to issue Family Member Certificate to the petitioner. The petitioner is the legally wedded wife of the deceased, Ande 2. Ashok Kumar. Following his demise, she submitted an application to the respondent No.4 seeking for issuance of Family Member Certificate. Flowever, vide Endorsement dated 08.04.2025 Respondent No.4 rejected her request, citing that the deceased had contracted marriage with two individuals including the petitioner and therefore, a family member certificate could not be issued as per her request. 3. Learned counsel for the petitioner contends that the said rejection of the Family Member Certificate is contrary to both on facts and the law. Fie submits that the petitioner is the legally wedded wife 3 of the deceased, and that the deceased had lawfully dissolved his earlier marriage pursuant to a decree of divorce from a competent court, as evidenced by the order dated 23.10.2017 in H.M.O.P. No. 56 of 2017. Once a decree of divorce was granted in respect of the deceased's first marriage, since the petitioner subsequently entered into a marriage with the deceased, she qualifies as a family member and the legally wedded wife. Therefore, the petitioner is entitled to be issued a Family Member Certificate, and the impugned Endorsement rejecting her claim is liable to be set aside. 4. On the other hand, learned Government Pleader for Revenue, on instructions, fairly submits that in view of the divorce between the deceased and his first wife, the petitioner’s claim could not have been rejected on the ground that the deceased had two families. He further requested that the matter may be remanded to Respondent No.4 for fresh consideration in accordance with law. 5. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. Undisputedly, the petitioner is the legally wedded wife of the deceased. The material on record clearly establishes that the deceased had lawfully dissolved his first marriage pursuant to a decree of divorce from the competent Court in H.M.O.P. No.56 of 2017, dated 23.10.2017. Following such dissolution, the petitioner 6. / 4Sf 4 entered into his family by way of legally registered marriage with the deceased. In view of the same, the petitioner qualifies as a family member and is the legally wedded wife at the time of the deceased’s demise. Accordingly, she is entitled to the issuance of a Family Member Certificate. 7. The impugned Endorsement dated 08.04.2025, whereby Respondent No.4 rejected the petitioner’s request on the ground that the deceased had two families, is not only factually incorrect but also suffers from non- application of mind. Once it is established that the earlier marriage was legally dissolved and the petitioner was the only legally wedded wife at the time of death, such a rejection is untenable. Hence, this Court is of the considered view that the statement made by Respondent No.4, that the petitioner cannot be issued a Family Member Certificate because she is the second wife, is both contrary to the factual record and legally unsustainable. As a public authority. Respondent No.4 is expected to act in accordance with law and facts, and not on assumptions or presumptions. Therefore, this Court holds that the impugned Endorsement dated 08.04.2025 is liable to be set aside and the matter requires reconsideration by the competent authority in accordance with law. Accordingly, the impugned Endorsement dated 08.04.2025 issued by Respondent No.4 is hereby set aside. The matter is 8. 9. 5 remanded to Respondent No.4 for fresh consideration of the petitioner’s application for issuance of Family Member Certificate, strictly accordance with law and after affording an opportunity of hearing to the petitioner. Appropriate orders shall be passed by Respondent No.4 within a period of three (03) months from the date of receipt of a copy of this order. in 10. In the result, writ petition is allowed. No order as to costs. Consequently, miscellaneous applications pending if any, shall also stand dismissed. Sd/- U.SRI DEVi ASSISTANT REGISTRAR //TRUE COPY// H OFFICER SEC To, The Principal,Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 1. The Collector, Nellore, SPSR Nellore District. 2. The Revenue Divisional Officer, Nellore Revenue Division, Nellore SPSR Nellore District. 3. The Tahsildar, Nellore Urban Mandal, RDO Office Complex, Nellore SPSR Nellore District. 4. One CC to SRI. K KOUTILYA Advocate [OPUC] 5. Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies 7. vna y HIGH COURT DATED:09/05/2025 ORDER £P o\ S 19 JUN 2125 WP.No.12804of 2025 f/ ALLOWING THE WRIT PETITION WITHOUT COSTS