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2025 DAILYLAW 21413 (AP)

B ANJANAMMA @ ANJU C GANDHI v. THE STATE OF AP

WP/15991/2025 · 2025-07-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010303182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15991/2025 Between: 1. B ANJANAMMA @ ANJU C GANDHI, W/O. LATE CHAMANLAL GANDHI, AGED ABOUT 41 YEARS, R/O. D.NO. 11-427, BESIDE VENKATA NARASAPPA TEMOLE, BRAHMIN STREET, ADONI, KURNOOL DISTRICT-518301. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR, ADONI, KURNOOL DISTRICT. 4. RAJANI BHANU JAIN, W/O. BHANU JAIN, AGED ABOUT 54 YEARS, R/O. PLOT NO. 21, SHANTHI NAGAR SOCIETY, PUNA, MAHARASTRA STATE-411042. MOBILE NO. 9371232324. 5. DEEPAK GANDHI, S/O. LATE CHAMANLAL GANDHI, AGED ABOUT 50 YEARS, R/O. D. NO. 13-244, SANTAPETA, ADONI, KURNOOL DISTRICT-518301. 6. P MAYA RATHOD, W/O. P. PRAVEEN RATHOD, AGED ABOUT 46 YEARS, R/O. AMMAN KOIL STREET, PARK TOWN, CHENNAI, TAMILNADU-500003. MOBILE NO. 9003290208. 7. ARCHANA VASTUPAL OSWAL, W/O. VASTUPAL OSWAL, AGED 2 ABOUT 43 YEARS, R/O.PULWALA CHOWK, 382, GURUWAR PETH, SWARGATE, PUNE, MAHARASTRA STATE-411042. MOBILE NO. 9423213330. ...RESPONDENT(S): The Court made the following ORDER: 1. 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 order of the 3rd respondent vide R.C No. B.985/2024 dated 10.02.2025 is arbitrary, illegal, irregular, irrational, and volative of principals of natural justice and Articles 14, and 21 of the Constitution of India and contrary to orders of this Hon'ble Court in W.P. No.24967 dated 08.11.2025 and GO.MS No. 145 Revenue (Ser.ll) Department dated 25.04.2015 consequently direct the 3rd respondent to issue one family member certificate by cancelling two family member certificates vide FAMC 011901679435 dated 27.09.2019 and vide FAMC012002474368 dated 03.12.2020 and pass…….. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioner is that the petitioner is the second wife of the deceased Chamanlal Gandhi. After the demise of his first wife, the petitioner got married to him. The children of the first wife applied for a family member certificate, after having detailed enquiry the 3rd respondent issued a certificate dated 27.09.2019 mentioning only the children of the first wife as family members of the deceased leaving second wife i.e., petitioner herein. Thereafter, the petitioner submitted an application through Mee Seva for issuance of a family member certificate by including 3 all the family members of deceased, including those of the first wife's children. However, the 3rd respondent issued a family member certificate dated 03.12.2020 mentioning only the name of the petitioner, while omitting the names of the children of the first wife. Aggrieved by the action of the 3rd respondent, the petitioner made a representation to the 2nd respondent, requesting for the cancellation of the two family member certificates dated 27.09.2019 and 03.12.2020, and for issuance of a single comprehensive family member certificate. 4. The learned counsel for the petitioner submits that since the deceased is one and the same, and as per the procedure contemplated under G.O.Ms.No.237 dated 30.06.2025, as well as under the Hindu Succession Act, 1956, the petitioner and the unofficial respondents (who are the sons of the first wife and fall under Class-I category of legal heirs) are all entitled to be included in one family member certificate. The issuance of two separate family member certificates creates the impression that there are two distinct families for the deceased husband. Therefore, the petitioner submitted a representation seeking for cancellation of earlier issued family member certificates and issuance of a consolidated family member certificate including both the petitioner and the legal heirs of the first wife. Considering the request, the 3rd respondent issued proceedings and submitted a report to the 2nd respondent dated 10.02.2025, who is the competent authority to cancel such certificates. However, despite the report dated 10.02.2025, the 2nd 4 respondent neither considered the same nor issued any other proceedings. Hence, the present writ petition. 5. On the other hand, the learned Assistant Government Pleader submits that since the 3rd respondent has submitted a report to the 2nd respondent to consider the claim of the petitioner as prayed for in the writ petition, a direction may be issued to the respondent authorities to consider the said report. It is further submitted that the 3rd respondent may also be permitted and directed to issue the Combined Family Certificate. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, it is observed that the petitioner and the unofficial respondents are entitled to be issued a Combined Family Certificate, since all of them are Class-I legal heirs of the deceased Chamanlal Gandhi. The request of the petitioner is required to be considered by the 2nd respondent, pursuant to the report submitted by the 3rd respondent dated 10.02.2025. Therefore, the 2nd respondent is directed to consider the said report and take appropriate steps to issue the Combined Family Certificate in respect of the entire family, strictly in accordance with law, within a period of two months from the date of receipt of a copy of this order. 5 7. With the above direction, the writ petition is disposed of. No costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 11.07.2025 klk 6 227 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15991/2025 11.07.2025 kkllkk