IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1906 OF 2021 'A- 04 ii,V it , 'iiSms ^>4 '■’V' Between: P.G.Eeranna, S/o. Late Gowdappa, Hindu, aged about 48 years, Occ; Cultivation, R/o.Rallapally Village, Gudibanda Mandal, Madakasira Taluk, Ananthapur District, ...PETITIONER AND 1. The State of Andhra Pradesh, Rept. By its Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The Mandal Revenue Officer, Gudibanda Mandal, Madakasira Taluk, Ananthapur District. 3. Smt. Bhagyamma, R/o Rallapally Village, Gudibanda Mandal, Madakasira Taluk, Ananthapur District. 4. Range Gowd, R/o Rallapally Village, Gudibanda Mandal, Madakasira Taluk, Ananthapur District. 5. Bhargavi, R/o Rallapally Village, Gudibanda Mandal, Madakasira Taluk, Ananthapur District. (RR 3 to 5 are impleaded as per the Court’s Order, dt.03.11.2023 vide order passed in I.A.2 of 2021) ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to i nature of Writ of Mandamus declaring the action of the 2"^^ respondent though. Government Pleader Madakasira may issue a writ order direction more particularly one in the gave legal clarification that Bhagyamma iIS not entitled to include i unless she obtained decree the family members certificate competent court as in from the respondent refusing to issue 09.12.2019 family members consequently by setting aside 2 a successor of late Gowdappa the 2 No.Dis.No.22/2020 dated illegal improper and arbitrary proceeding declared as void. nd proceedings certificate is as nd respondent jA NO: 1 OF 9no'i Petition under Section 1^1 r*pp m- Counsel for the Petitioner: Counsel for the Respondent Nos. Counsel for the Respondent The Court made the following; ORDER may be of the SMT. A. PADIWA 1 & 2; GP FOR REVENUE Nos.3 to 5:— 1 c APHC010027202021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] ;■/ TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1906/2021 Between: P.g. Eeranna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.A PADMA Counsel for the Respondent(S): 1.GP FOR REVENUE W<yy . u 2 / The Court made the following order: The present writ petition is filed questioning the impugned endorsement dated 29.05.2020, issued by the 2"^ respondent, whereunder the application submitted by the petitioner for of family member certificate was returned with certain issuance observations. It is the case of the petitioner that, he is the son of late Sri Gowdappa, resident of Rallapalli Village, Gudibanda Mandal, Anantapur District. It is further case of the petitioner that, his father Sri Gowdappa died on 01.01.2014, leaving behind the petitioner and his sister Smt. Lakshmidevamma, as his legal heirs. It is further case of the petitioner that, he submitted application dated 02.12.2019, in terms of G.O.Ms.No.145, dated 25.04.2014, seeking to issue Family Member Certificate by enclosing all the requisite documents. The request of the petitioner was rejected by endorsement dated 11.12.2019. Questioning the said endorsement, the petitioner filed writ petition vide WP No.2971 of 2020, before this Court, and the same was disposed of by order dated 10.02.2020, directing the 2 respondent to pass fresh orders by assigning reasons. In 2. nd 3 pursuance thereof, the 2'^^ respondent returned the request of the petitioner by directing him to include all the legal heirs of his father Sri Gowdappa in his application i.e., the sister of the petitioner Smt. Lakshmidevamma, step-mother of the petitioner and the children born to her. The present writ petition is filed questioning the said endorsement. On the other hand, the 2'^^ respondent filed counter affidavit stating that, the petitioner intentionally did not include the other 3. family members in his application. It is further stated that, the father of the petitioner married one Smt. Bhagyamma as second wife, after the demise of the petitioner’s mother Smt. Narasamma. nd Pursuant to the application made by the petitioner, the 2 respondent called for an enquiry and in the said enquiry, it is revealed that, the respondent Nos.3 to 5 are also the legal heirs of Sri Gowdappa. It is also stated that the name of the petitioner’s father was shown as husband/father in the aadhar cards of the respondent Nos.3 to 5 and other certificates. It is further stated in the counter affidavit that, the marriage between the father of the petitioner and the 3^*^ respondent took place on 10.05.2000, at Shanimahatma Karyanirvahaka Sanga, Pavagada, Tumkur District, Karnataka State. Along with the counter affidavit, the r*""' 4r 4 wedding card of the said marriage is also filed. With the above pleadings the 2"'^ respondent prayed to dismiss the writ petition. 4. The petitioner filed reply affidavit stating that, he filed an application dated 27.12.2022, under RTI Act, seeking to furnish information with regard to the alleged marriage between the father of the petitioner and the respondent. In reply, Shanimahatma Karyanirvahaka Sanga, Pavagada, Tumkur District, Karnataka State, addressed letter dated 04.01.2023, stating that, they don’t have any information with regard to the alleged marriage took place at their temple on 10.05.2000. It is further stated in the said letter that, the marriage party did not take consent of the executive body of the temple. The counsel for the petitioner placed reliance heavily on the said letter addressed by the executive body of the temple and would contend that, there is no legal sanctity to the alleged marriage between his father and the 3'^^ respondent. Heard counsel for the petitioner and learned Assistant Government Pleader for Revenue. Despite service of notice, none appeared for respondent Nos.3 to 5. 5. Perused the material available on record. 6. 7. The issuance of family member certificate is governed by GO Ms.No.145, dated 25.04.2015. On perusal of the same, it is clear that, certain procedure is contemplated for issuance of family member certificate. It is not in dispute that the petitioner filed application after complying with the conditions stipulated therein. Further, it is not in dispute that the petitioner is son of late Sri Gowdappa. The enquiry conducted by the 2"^^ respondent also reveals that, the petitioner is son of late Sri Gowdappa. By impugned endorsement, the 2"^^ respondent directed the petitioner to include all the legal heirs of Sri Gowdappa in his application so as to issue family member certificate to the petitioner. As per GO.Ms.No.145, dated 25.04.2015, the 2""^ respondent has to conduct enquiry whether the person making such application belongs to the said family or not, beyond that, the 2'’'^ respondent cannot compel the petitioner to include all the family members in his application. Further, as long as it is not in dispute that the person who makes such application belongs to the said family, his request for issuance of family member certificate shall not be denied. Moreover, on a perusal of the said GO, it is clear that, a disclaimer shall be printed on the family member certificate stating that, family member certificate is not a 6 legal heir certificate and it shall not be in lieu of legal heir certificate that will be required to be produced in civil court matter. nd In view of the said disclaimer, there is no impediment for the 2 respondent to issue family member certificate in favor of the petitioner. In view of the above reasons, the impugned endorsement dated 29.05.2020, issued by the 2'^^ respondent is set aside by directing the 2"*^ respondent to issue family member certificate to the petitioner. 8. 9. Accordingly, the writ petition is Allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The Mandal Revenue Officer, Gudibanda Ananthapur District. 3. One CC to Smt. A. Padma, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra 5. Three CD Copies. Velagapudi Mandal, Madakasira Taluk, Pradesh. [OUT] ssb Ifei-J HIGH COURT DATED;08/04/2025 ORDER WP.No.1906 of 2021 ALLOWING THE W.P. WITHOUT COSTS