[3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL jg TWO THOUSAND AND TWENTY FIVE O' PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12714 OF 2021 Between: C.Swarajya Bharathi, W/o Late T. Murahari, Aged about House Wife, R/o 19-4-123/13, STV Nagar, Biragipatteda, Town and Mandal, Chittoor District. 57 years, Occ. Tirupathi ...PETITIONER AND 1. The State of AP, rep. by its PrI Secretary, Department of Revenue, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District, 3. The Revenue Divisional Officer, Tirupathi, Chittoor District. 4. The Tahsildar, Tirupathi Urban Mandal, Chittoor District. 5. T. Nirmala, W/o Late T. Murahari, Korlagunta, Tirupathi, Chittoor District. D.No. 20-1423/A, Maruthi Nagar ...RESPONDENTS A Petition under Article 226 of the Constitution of India is filed praying that in the circunnstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus, on part of the 4th respondent in passing order dated 06.03.3021 in Rc.A. /2021 thereby cancelled the family more the declaring the action member certificate issued to the same as illegal, arbitrary, irregular without Constitution of India and consequently to set aside the order dated 06.03.2021 in Rc.A/2021 petitioner set aside the jurisdiction and violation of Article 14 and 21 of lA NO: 1 OF 2021 Petition under Section 151 circumstances stated in the affidavit filed i Court may be pleased to stay of all further respondents in order dated 6:3.20^t in Rc.A.No of 2021 Counsel for the Petitioner(s):SRI. P V VENKATA RAVI P.B Reddy CPC is filed praying that in the in support of the petition, the High proceedings passed by the 4 SANKAR and Dr. Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents; KALLA TULASI DURGAMBA The Court made the following: APHC010221862021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] fi WEDNESDAY. THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12714/2021 Between: C.Swarajya Bharathi ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy Counsel for the Respondent{S): 1.GP FOR REVENUE 2. KALLA TULASI DURGAMBA The Court made the following: 2 TCDSJ W.P.No.l2714of2021 ORDER: The present writ petition is filed questioning the action of the 4**^ respondent in passing the order dated 1. 06.03.2021, whereby and whereunder the Family Member Certificate dated 05.10.2020 issued in favour of the petitioner was cancelled. It is the case of the petitioner that she married 2. Sri T.Murahari on 08.03.1968, and out of the wedlock, she gave birth to a girl child on 08.06.1969. It is further case of the petitioner that in all her records i.e., Aadhar card and Passport, the name of her husband T. Murahari is shown. It is further case of the petitioner that her husband filed a petition seeking divorce in O.P.No.31 of 1975 on the file of the Subordinate Judge, Tirupati and obtained an exparte decree in his favour. It is further case of the petitioner that she approached the respondent seeking issuance of a Family Member Certificate in her favour and after conducting enquiry, the 4*'" respondent issued Family Member Certificate on 05.10.2020 in favour of the petitioner. It is further case of the petitioner that while so, the 5'^ respondent, who alleges that she married the husband of the petitioner, made a representation dated 23.01.2021 to the 4**^ respondent. 3 N TCDS,J W.P.No.l2714of2021 requesting to cancel the Family Member Certificate dated 05.10.2020 issued in favour of the petitioner. It is further case of the petitioner that the said application was enquired into and by virtue of impugned order dated 06.03.2021, the 4*^ respondent cancelled the Family Member Certificate dated 05.10.2020 issued in favour of the petitioner, without issuing any notice to her. Questioning the said order, the present writ petition is filed. On the other hand, the 4^'' respondent filed counter affidavit stating that on the representation dated 23.01.2021 made by the 5‘^ respondent, a report was called for from the Additional Revenue Inspector, Tirupati Urban Mandal and Village Revenue Inspector, Madhura Nagar, Tirupati. Accordingly, they submitted report on 23.01.2021 stating that the husband of the petitioner filed a petition before the Subordinate Judge, Tirupati seeking divorce in C.F.No.51 of 1975. Upon which, the learned Subordinate Judge, Tirupati by order dated 03.12.1975 granted divorce by dissolving the marriage between the petitioner and her husband T.Murahari. It is further revealed in the enquiry that the petitioner is living separately since long time. Therefore, the family member certificate dated 05.10.2020 issued in favour of the petitioner was under mistake of fact and therefore said 3. 4 TCDSJ W.P.No.l2714of2021 certificate issued in favour of the petitioner \ 'as rightly cancelled through impugned order. 4. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and learned counsel appearing for the 5*^ respondent. On perusal of the impugned order dated 06.03.2021, it is clear that before passing the said order, the 4*^ respondent did not issue any notice to the petitioner, and thereby the 4 5. V \ th C respondent passed impugned order in violation of the principles \Nk of natural justice. It is pertinent to mention that whenever the action is to be initiated against any person, the same has to be done as per the procedure contemplated under law. In the case on hand, admittedly, the 4^^ respondent did not give any notice to the petitioner. In view of the same, the impugned order dated 06.03.2021 passed by the 4*^ respondent is hereby set aside and the matter is remanded to the 4“^ respondent for conducting fresh enquiry. It is needless to mention that the 4*^ respondent shall issue notice and afford an opportunity of hearing to the petitioner before passing appropriate orders in the matter. 6. 5 TCDS,J W.P.No.l2714of2021 7. 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 TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Department Velagapudi, Guntur District 2. The District Collector, Chittoor, Chittoor District 3. The Revenue Divisional Officer, Tirupati, Chittoor District 4. The Tahsildar, Tirupati Urban Mandal, Chittoor District 5. One CC to SRI P V VENKATA Reddy Advocate [OPUC] 6. One CC to SRI KALLA TULASI DURGAMBA Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court of Andhra 8. Three CD Copies of Revenue, Secretariat RAVI SANKAR and Dr. P.B Pradesh [OUT] ✓ . ] < HIGH COURT DATED:30/04/2025 / ORDER WP.No.12714of2021 THE WRIT PETITION IS ALLOWED WITHOUT COSTS