APHC010655312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33796/2025 Between: 1. YENDASRIVASTHAV, S/O LATE YENDA VENKATA RAMANA, HINDU, AGED ABOUT 24 YEARS, D.NO. 33, LAXMINAGAR OPPOSITE TOMETRO STATION GATE NUMBER 3, SHAKARPURA DELHI, 110092 2. YENDA LOHIT KUMAR,, S/O LATE YENDA VENKATA RAMANA, 103,CHAITRAPALAVIHEIGHTS,KAMAL COLONY, MANJARI,PUNE- 412306 ...PETITIONER(S) AND 1. THE STATE OF A P, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPT, SECRETARIAT AMARAVATHI, A.P.- 522238 2. THE COLLECTOR/ DISTRICT MAGISTRATE, NELLORE DISTRICT. ACHARI ST, VRC CENTRE, NELLORE ANDHRA PRADESH 524001. 3. THE REVENUE DIVISIONAL OFFICER, ACHARI STREET, LEELA MAHAL ROAD, NELLORE NELLORE DISTRICT, ANDHRA PRADESH.- 524001 4. THE MRO/ TAHSILDAR, NELLORE DISTRICT, AMBEDKAR NAGAR, NELLORE, ANDHRA PRADESH 524003 5. UNITED INDIA INSURANCE COMPANY LTD, RESPRESENTED BY ITS DIVISIONAL MANAGER, R.R. APPA RAO STREET, VIJAYAWADA, N.T.R. COMMISSIONERATE, A.P.- 520 001 -2- W.P. No.33796 OF 2025 Date of order:05.12.2025 (INSURER OF TIPPER VEHICLE BEARING NO.AP16TX0229) 6. YENDA SAWALI, 904,D2,VTPPURWANCHAL,KESNANDPHATA, WAGHOLI,PUNE-412207 PH-8008497674 7. YENDA GRISHMA, 904,D2,VTPPURWANCHAL,KESNANDPHATA WAGHOLI,PUNE-412207 PH-8008497674 8. SHAIK MOHIDDIN KHAJA, S/O KHASIM, RESIDENT OF D.NO. 39- 495, D.V.R. COLONY, NANDIGAMA, KRISHNA DIST. A.P.-521 185. (DRIVER OF TIPPER VEHICLE BEARING NO.AP16TX0229) 9. CHENNUBOINA SIVA PRASAD, S/O. SAMBA SIVARAO, RESIDENT OF D.NO. 19-2/3 FERRI ROAD, IBRAHIMPATNAM, MANDAL, KRISHNA DISTRICT. A.P.- 521 456 (OWNER OF THE TIPPER VEHICLE BEARING NO.AP16TX0229) ...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 to Issue a Writ or order or direction more particularly on the nature of writ of Mandamus declaring the in action on the part of M.R.O. of Nellore district as unconstitutional and a) To Direct a detailed and comprehensive investigation by a competent authority into the forged, fabricated, and illegally procured documents, including but not limited to the false Family Certificate submitted by Respondent No.6, along with the digitally manipulated photographs and misleading representations placed on record, b) To Issue appropriate directions for conducting a DNA Paternity Test of the minor giri Grishma, under judicial oversight, for conclusive determination of biological parentage and to ascertain the veracity of the false claims advanced by Respondent No.6 c) To cancel revoke and remove names of the Respondent No.2and Her daughter Grishma from the frauduient Family member Certificate and any related documents illegally obtained by Respondent No.6, purporting to show herself and her daughter as legal heirs of the deceased. d) To Direct that the compensation amount already received and any further amount pending disbursement be lawfully, equitably, and proportionately distributed solely among the legitimate Class-1 legal heirs, namely Yenda Lohit Kumar and Yendasrivastavi.e. Petitioners 1 and 2 in this Writ Petition the biological sons of Late Sri. Y. Venkata Ramana, and further direct recovery of any amount unlawfully withdrawn or misappropriated by Respondent No.6and pass -3- W.P. No.33796 OF 2025 Date of order:05.12.2025 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 Grant an immediate order of stay of disbursement of the remaining compensation amount payable under MVOP Case No. 263 / 2017,on the file of Motor Accidents Claims tribunal cum XII additional District Judge Court at Vijayawada, until the final adjudication of the present writ petition and determination of true legal heirship, and pass Counsel for the Petitioner(S): 1. PALLAGANI RAVI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -4- W.P. No.33796 OF 2025 Date of order:05.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.33796 OF 2025 ORDER: 1. The present writ petition is filed for following relief: “… to issue a Writ or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction on the part of M.R.O. of Nellore District as unconstitutional and a) to direct a detailed and comprehensive investigation by a competent authority into the forged, fabricated and illegally procured documents, including but not limited to the false Family Certificate submitted by Respondent No.6, along with the digitally manipulated photographs and misleading representations placed on record;b) To Issue appropriate directions for conducting a DNA Paternity Test of the minor girl Grishma, under judicial oversight, for conclusive determination of biological parentage and to ascertain the veracity of the false claims advanced by Respondent No.6; c) To cancel revoke and remove names of the Respondent No.2and Her daughter Grishma from the fraudulent Family member Certificate and any related documents illegally obtained by Respondent No.6, purporting to show herself and her daughter as legal heirs of the deceased; d) To Direct that the compensation amount already received and any further amount pending disbursement be lawfully, equitably, and proportionately distributed solely among the legitimate Class-l legal heirs, namely Yenda Lohit Kumar and Yenda Srivastav i.e. Petitioners 1&2 in this Writ Petition the biological sons of Late Sri. Y.Venkata Ramana, and further direct recovery of -5- W.P. No.33796 OF 2025 Date of order:05.12.2025 any amount unlawfully withdrawn or misappropriated by Respondent No.6and pass such other order…” 2. A perusal of the prayer and also after hearing the submissions of the learned counsel for the petitioners, though there is some force in the argument made by the learned counsel for the petitioner, this Court is not inclined to entertain the writ petition as it pertains to the dispute between the petitioners and the unofficial respondents. 3. Considering the submission made by the learned counsel petitioners, the petitioners are permitted to withdraw the writ petition and agitate their claim before the competent authority by way of appeal or revision as against the family member certificate dt.11.04.2017 by producing relevant records and also given liberty to file objections before the appropriate Court where the M.V.O.P. No.263 of 2017 is pending. 4. Accordingly, the writ petition is closed. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ JUSTICE D.RAMESH BV