APHC010300212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ 0^ TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15054 OF 2025 Between: 1. Kakara Shanthi, W/o. Narayana Rao, Aged 35 years, Occ- Ladies Tailor, R/o. D.No. 1-9, Maaturu Village, Via Thummapala, Anakapalle Mandal, Anakapalle District. 2. Kakara Narayana Rao, S/o. Late Pydiah, Aged 38 years, Occ- Painting Worker, R/o. D.No.1-9, Maaturu Village, Via Thummapala, Anakapalle Mandal, Anakapalle District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Women and Child Welfare Department, Secretariat Buildings, Amaravati, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District. 3. The Chairman, Child Welfare Committee, Visakhapatnam District. 4. The District Child Protection Officer, District Child Protection Unit, Raghuram Colony, Back side of Balakrishna Bus Stop, Gavarapalem, Anakapalle. 5. The Special Adoption Agency, Rep. by its Manager, Sishugruha D.No.38-23-10, Ground Floor, FCI Nagar, Marripalem, 0pp. R and B Visakhapatnam - 530 018. at ...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 to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in forcibly taking over the custody of child namely Kakara Hari Eswar born on 05.11.2023 from the petitioners as illegal, arbitrary and in contravention of the provisions of the Hindu Adoption and Maintenance Act, 1969 and Juvenile Justice Act, 2015 and consequently direct the respondents No.2 to 5 to permit the petitioners to adopt the child namely Kakara Hari Eswar born on 05.11.2023 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 direct the respondents No.2 to 5 to permit the petitioners to adopt the child namely Kakara Hari Eswar born on 05.11.2023 pending disposal of the above writ petition Counsel for the Petitioners: SRI G R SUDHAKAR Counsel for the Respondents No.1, 3 to 5: GP FOR WOMEN AND CHILD WELFARE DEPARTMENT Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following: Order >- APHC010300212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15054/2025 Between: 1.KAKARA SHANTHI, W/0. NARAYANA RAO, AGED 35 YEARS, OCC- LADIES TAILOR, R/0. D.NO. 1-9, MAATURU VILLAGE, VIA THUMMAPALA, ANAKAPALLE MANDAL, ANAKAPALLE DISTRICT. 2.KAKARA NARAYANA RAO,, S/0. LATE PYDIAH, AGED 38 YEARS, OCC- PAINTING WORKER, R/O. D.NO.1-9, MAATURU VILLAGE, VIA THUMMAPALA, ANAKAPALLE MANDAL, DISTRICT. ANAKAPALLE ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. 3.THE CHAIRMAN, CHILD WELFARE COMMITTEE, VISAKHAPATNAM DISTRICT. 4.THE DISTRICT CHILD PROTECTION OFFICER, DISTRICT CHILD PROTECTION UNIT, RAGHURAM COLONY, BACK SIDE OF BALAKRISHNA BUS STOP, GAVARAPALEM, ANAKAPALLE. 5.THE SPECIAL ADOPTION AGENCY, REP. BY ITS MANAGER, SISHUGRUHA, AT D.NO.38-23-10, GROUND FLOOR, FCL NAGAR, 2 MARRIPALEM, OPP. R AND B, VISAKHAPATNAM - 530 018. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.G RSUDHAKAR Counsel for the Respondent(S): 1.GP FOR WOMEN DEV CHILD WELFARE 2.GP FOR REVENUE The Court made the following: ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Women Development Child Welfare for the respondents. 2. The Writ Petition is filed for a direction to the respondents to permit the petitioners to adopt the child by name, Kakara Hah Eswar. 3. It is contended that the petitioners being introduced by relatives, adopted a baby boy born on 05.11.2023 by name, Kakara Hah Eswar. It is stated that the biological mother of the child passed away shortly after delivery and the petitioner have since adopted the child in accordance with the religious customs and traditions. From the date of adoption, the petitioners have been taking utmost care of the child treating the child as their own, and have been celebrating the child’s birth date every month with love and affection. However, the taskforce police, on 18.08.2024 have taken away the child from the custody of the petitioners handing over to Special Adoption 3 ' Agency, Sishugruha, Visakhapatnam. Immediately, the petitioners have approached the respondent Nos.3 & 4 seeking custody of the child, and r pleading with the respondents that the petitioners have developed bond with to the child and equally the child also got attached to them. It was also brought to their notice that the child was born underweight and would require immediate care and protection. However, the respondents have refused to hand over the custody of the child. The petitioners in support of their submissions that have taken every care and protection of the child with love and affection annexed photographs to the writ petition. Learned counsel for the petitioners relying on the decision of this Court in W.P.No.2854 of 2025 prays the Court to direct the respondents to handover the custody of the child to them and allow the petitioners to adopt the child by following the due procedure under law. 4. 5. The 4'^ respondent has filed counter-affidavit. The learned Assistant Government Pleader appearing for the respondents would submit that the decision relied upon by the petitioners is distinguishable, since in the said case the biological parents have given the child in adoption whereas in the present case, the child has no parents and crime is registered against one Yesuratnam and others for illegal traficking, and that the petitioners have not followed the procedure under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. 4 V 6. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition granting liberty to the petitioners to make application to the respondents seeking adoption of the child by name, Kakara Hari Eswar born on 05.11.2023. Upon filing of such an application, the respondents are directed to consider and pass appropriate orders in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, as expeditiously as possible not later than four (04) weeks from the date of filing of such an application. Till passing of such orders, the respondents shall not grant adoption of the child viz., Kakara Hari Eswar to any third parties. With the above observation, the Writ Petition is disposed of. 7. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Principal Secretary, State of Andhra Pradesh, Women and Child Welfare Department, Secretariat Buildings, Amaravati, Guntur District. 2. The District Collector, Anakapaili, Anakapalli District. 3. The Chairman, Child Welfare Committee, Visakhapatnam District. V 4. The District Child Protection Officer, District Child Protection Unit, Raghuram Colony, Back side of Balakrishna Bus Stop, Gavarapalem, Anakapalle. 5. The Manager, Special Adoption Agency, Sishugruha, at D.No.38-23-10, Ground Floor, FCI Nagar, Marripalem, 0pp. R and B, Visakhapatnam - 530 018. 6. One CC to SRI G R SUDHAKAR Advocate [OPUC] 7. Two CCS to GP FOR WOMEN DEV CHILD WELFARE, High Court of Andhra Pradesh [OUT] 8. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies gsg HIGH COURT DATED:01/07/2025 ORDER WP 15054/2025 DISPOSING THE WP WITHOUT COSTS