APHC010291052025 IN THE HIGH COURT OF ANDHRA PRADESH v/ ATAMARAVATI v/ (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE- TWO THOUSAND AND TWENTY FIVE^ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA / WRIT PETITION NO: 15144 OF 2025 V/ Between: Jilladimudi Siva Lakshmi, W/o J.Vijayanand Vishnu, Aged 35 Years, Occ: Agriculture, R/o Door No. 11-4-49, Chinna Veedhi, Anakapalli, Anakapalli District. ...Petitioner AND 1. The Sta^ of Andhra Pradesh, Rep. by its Principal Secretary, (Revenue), Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District (Visakhapatnam District). ^ 3. The Tahasildar, Anakapalli, Anakapalli District. (Visakhapatnam District), v/ 4. Kongalalla Achyutamba, W/o Surya Prakash Rao, aged 55 years, R/o Munagapaka Village and Mandal, Anakapalli District, (Visakhapatnam 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 be pleased issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in v/ v/ R.C.NO.162/2025/SA dt.21.05.2025 cancelling the family FAMC12403474^ 3 issued to the passing orders in members certificate dt. 18.01.2024 vide petitioner by the Tahasildar, Anakapalli, is illegal, arbitrary, unconstitutional, unjustifiable and against the established principles of law and principles of natural justice and in violation of Article 14, 21 and 300A of the Constitution of India, which is contrary to the law laid down by this Hon ble Court and the aside the Orders in Hon’ble Apex Court, consequently set R.C.NO.162/2025/SA dt.21.05.2025 cancelling the family members certificate V' dt. 18.01.2024 vide FAMC12403474213. 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 to suspend the orders in R.C.NO.162/2025/SA family members’ certificate dt. 18.01.2024 vide FAMC12403474213 Counsel for the Petitioner: SRI K V VIJAYA KUMAR Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: — The Court made the following order: dt.21.05.^025 cancelling the v/ APHC010291052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*0 [3329] El-fi■::h WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15144/2025 Between: 1.JILLADIMUDI SIVA LAKSHMI, W/0 J.VIJAYANAND VISHNU, AGED 35 YEARS, OCC AGRICULTURE, R/0 DOOR NO. 11-4-49, CHINNA VEEDHI, ANAKAPALLI, ANAKAPALLI DISTRICT. 11-4-49, CHINNA VEEDHI, ANAKAPALLI, ANAKAPALLI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, (REVENUE), VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT (VISAKHAPATNAM DISTRICT). 3.THE TAHASILDAR, ANAKAPALLI, ANAKAPALLI DISTRICT. (VISAKHAPATNAM DISTRICT). 4.KONGALALLA ACHYUTAMBA, W/0 SURYA PRAKASH RAO, AGED R/0 MUNAGAPAKA VILLAGE AND MANDAL, 55 YEARS, ANAKAPALLI DISTRICT, (VISAKHAPATNAM DISTRICT). ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in passing orders in R.C.NO.162/2025/SA dt.21.05.2025 cancelling the family members FAMC12403474213 issued to the petitioner by the Tahasildar, Anakapalli, is certificate dt. 18.01.2024 vide 2 illegal, arbitrary, unconstitutional, unjustifiable and against the established principles of law and principles of natural justice and in violation of Article 14 21 and 300A of the Constitution of India, which is contrary to the law laid down by this Hon'ble Court and the Hon'ble Apex Court, consequently set aside the Orders in R.C.No.162/2025/SA dt.21.05.2025 cancelling the family members certificate dt.18.01.2024 vide FAMC12403474213 and pass 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 Pleased to suspend the orders in R.C.NO.162/2025/SA dt.21.05.2025 family cancelling members'dt. 18.01.2024 FAMC12403474213 the certificate vide and pass Counsel for the Petitioner; 1.K VVIJAYA KUMAR Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15144/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in passing orders in R.C.NO.162/2025/SA dated 21.05.2025 cancelling the family members certificate dated 18.01.2024 vide FAMC12403474213 issued to the petitioner by the Tahasildar, Anakapalli is illegal, arbitrary, unconstitutional, unjustifiable and against the established principles of law and principles of natural justice and In violation of Article 14, 21 and 300-A of the Constitution of India which is contrary to the law laid down by this Hon’ble Court and the Hon’ble Apex Court and consequently set aside the Orders in R.C.N0.162/2025/SA dated 21.05.2025 cancelling the family members certificate dated 18.01.2024 vide FAMC12403474213 and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner was issued family member certificate on 18.01.2024, after having due enquiry by the 3^^ respondent. After issuance of the family member certificate dated 18.01.2024, the petitioner proceeded further and received the benefits which are entitled. While things stood thus, again the 3'''^ respondent at the instance of the complaint of the 4^'^ respondent, conducted a denovo enquiry and submitted a report to the 2'^^ respondent herein who is the competent authority w for cancellation of certificate dated 21.05.2025. Learned counsel for the petitioner further submits that even though the certificate was issued on 18.01.2024 after due enquiry, behind the back of the petitioner, the respondent submitted a report stating that the subject family member certificate was obtained by way of misrepresentation and by playing fraud and suppressing the facts is without providing any opportunity to the petitioner. However, the petitioner is entitled for principles of natural justice and personal hearing while acting pursuant to the report submitted by the 3'"' respondent dated 21.05.2025. 4. On the other hand, learned Government Pleader for the respondents submits that the 2""^ respondent is the competent authority to deal with the subject family member certificate and to determine whether the subject certificate is genuine or not and parties who are entitled for the same. Since the report already submitted, the 2"^ respondent would consider the report as well the representation or explanation of the petitioners if any and by providing opportunity of hearing to the petitioner and pass speaking order in accordance with law. as 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view the present Writ Petition can be 5 \ the petitioner herein to submit disposed of directing representation/objections with all the relevant documents to prove that she is entitled to withhold the family member certificate dated 18.01.2024, within a period of three(3) weeks from the date of receipt of copy of this order. The 2 directed to consider the representation/objection of the petitioner with reference to the report submitted by the respondent dated 21.05.2025 and pass a speaking order after providing opportunity of hearing to the petitioner as well as the respondent in accordance with law, within a period of four(4) months thereafter. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. nd respondent is specifically Sd/- Wl.PRABHAKAR RAO ASSISTANT REGISTRAR 12^ ^ //true copy;/ SECTION OFFICER (Reven^), Velagapudi, Amaravathi, Guntur Anakapallir^nakapalli District (Visakhapatnam distftot. (Visakhapatnam To, 1. The Principal Secretary, District. 2 The District Collector District). 3. The Tahasildar, Anakapalli, Anakapalli District). cc to Sri K V Vijaya Kumar, Advocate [OPUCl ,^igh Court of Andhra Pradesh [OUT] 4. One 5. Two CCS to GP for Revenue 6. Two CD Copies TF 'P 4^ HIGH COURT DATED:25/06/2025 ORDER WP NO. 15144 OF 2025 I 75 m 2025 ^ Current siection ^'**‘56;5j^SPATCy^f9 DISPOSING OF THE W.P., WITHOUT COSTS