1 APHC010398582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20586/2025 Between: 1. PRATHIPATI ABRAHAM, S/O LATE AKKAIAH AGED 49 YEARS, OEE. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH- 522 238 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH- 522 238 3. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ANDHRA PRADESH- 522 238 4. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASAROPET ANDHRA PRADESH 5. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, NARASARAOPET ANDHRA PRADESH 2 6. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE COMPOUND, NARASARAOPET PALNADU DISTRICT, ANDHRA PRADESH 7. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET REVENUE DIVISION PALNADU DISTRICT DISTRICT, ANDHRA PRADESH 8. THE TAHSILDAR, MANDAL REVENUE OFFICE, EDLAPADU MANDAL PALNADU DISTRICT DISTRICT, ANDHRA PRADESH 9. THE MANDAL PARISHAD DEVELOPMENT OFFICER MDO, MANDAL DIVISIONAL OFFICE, EDLAPADU MANDAL PALNADU DISTRICT DISTRICT, ANDHRA PRADESH 10. THE STATION HOUSE OFFICER, EDLAPADU POLICE STATION PALNADU DISTRICT, ANDHRAPRADESH 11. THE UNNAVA GRAMA PANCHAYATH, UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH REP. BY ITS PANCHAYATH SECRETARY 12. THE VILLAGE REVENUE OFFICER, UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH 13. SRI KONDEPATI NAGESU, S/O GANGAIAH (LATE) AGED 60 YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 14. KONDEPATI NAGAMMA, W/O NAGESU AGED 55YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 15. KONDEPATI BUDDAIAH, S/O NAGESU AGED 40YEARS, OCC. ROD VOIDING R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 16. KONDEPATI DHAYA, S/O GANGAIAH (LATE) AGED 55YEARS, OCC. ROD VOIDING R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 17. KONDEPATI RAHELU, W/O DHAYA AGED SOYEARS, OEC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRIET, ANDHRA PRADESH - 522233 3 18. KONDEPATI RANA PRATHAP, S/O DHAYA AGED 30YEARS, OCC. MECHANIC R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 19. KONDEPATI MARIAMMA, W/O BABU AGED 50YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 20. KONDEPATI NAGARAJU, S/O ADHAM (LATE) AGED 40YEARS, OEC. ROD VOIDING R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 21. KONDEPATI KOTAIAH, S/O ADHAM (LATE) AGED 37YEARS, OCC. ROD VOIDING R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 22. KONDEPATI MARTHA, W/O ADHAM (LATE) AGED 60YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 23. KONDEPATI SINGHAIAH, S/O ARJUNA (LATE) AGED 50YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 24. KONDEPATI SHAMBABU, S/O SINGHAIAH AGED 30YEARS, OCC. AGRICULTURE R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 25. KONDEPATI LOKAYYA, S/O GANGAIAH (LATE) AGED 55YEARS, OEC. CARPENTER R/O UNNAVA VILLAGE, EDLAPADU MANDAL PALNADU DISTRICT, ANDHRA PRADESH - 522233 ...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 to issue appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the respondents 5 and 10 in not considering and passing the orders on report dated 19-07-2025 and the action of the 11th respondent in not properly considering the representation dated 11-07-2025 and issuing the impugned notice dated 18-07-2025 refusing to take action and not granting the death certificate with respect to the death of petitioner's junior maternal aunt (Penumula) Kondepati Varalakshmi, under the guise of civil dispute 4 though there exists no such disputes, as the same is arbitrary, illegal, unconstitutional and in violation of Art.300A of the constitution and violative of the well settled principles of the natural justice, and consequently direct the respondent authorities to take action on the report/representation dated 19- 07-2025 and 11-07-2025, and pass IA 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 direct the 5th and 10th respondents herein to pass orders on report/- representation dated 19- 07-2025, pending the above writ petition, and to pass Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20586 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the respondents 5 and 10 in not considering and passing the orders on report dated 19-07-2025 and the action of the 11th respondent in not properly considering the representation dated 11-07-2025 and issuing the impugned notice dated 18-07-2025 refusing to take action and not granting the death certificate with respect to the death of petitioner's junior maternal aunt (Penumula) Kondepati Varalakshmi, under the guise of civil dispute though there exists no such disputes, as the same is arbitrary, illegal, unconstitutional and in violation of Art.300A of the constitution and violative of the well settled principles of the natural justice, and consequently direct the respondent authorities to take action on the report/representation dated 19-07-2025 and 11-07-2025, and pass…” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home on written instructions would submit that a crime has been registered against the petitioner and three others in Crime No.106 of 2025 under Sections 79, 351(2) r/w 3(5) BNS. Thereafter, the petitioner sent a report to SHO, Edlapadu PS., through registered post and the same was received in the police station on 14.08.2025. On receipt of the same, the police investigated into the matter. 4. For ready reference, the relevant portion of written instructions are extracted hereunder: 6 “On receipt of the same report through register post entered in general diary on 14.08.2025 at 4.00 pm. It is further respectfully further submitted that as the subject matter in the petition put up by the petitioner linked with civil dispute respondent No.10 obtained permission from the Sub-Divisional Police Officer, Narasaraopet to conduct preliminary enquiry under the provisions of 173(3) BNSS vide memo No.53/Genl/SDPO- NRT/2025 Dt. 17.08.2025. It is further respectfully further submitted that this petitioner Pathipati Abraham S/o Akkaiah and respondent No. 19 Smt. Kondepati Mariyamma w/o Babu (Late) filed petitions each other before police and causing enquires to take necessary action against the defaulters. The allegations raised by the petitioner against respondent No.10 are not fact and the subject matter is under investigation.” 5. In that view, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.08.2025. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20586 of 2025 Dated.19.08.2025 UPS 159