‘ "K [3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE^ | PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHA^ WRIT PETITION NO: 39296 OF 2022 ^ Between: Kusampudi Deepa, W//o. VenkataNarasaraju, 41yrs, R/o. Khazipalem Pittalavanipalem Mandal, Bapatia District. ...Petitioner AND State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. The Collector, Bapatia District, Bapatia. Revenue Divisional Officer Bapatia, Bapatia District Tahsildhar, Pittalavanipalem Mandal Pittalavanipalem Bapatia District Kusampudi Krishna Chaitanya, S/o VenkataNarasaraju, 41 Khajipalem Pittalavarialem Mandal Bapatia District Kusampudi Rajesh, S/o VenkataNarasaraju, 38 yrs Khajipalem Pittalavarialem Mandal Bapatia District 1. 2. 3. 4. 5. yrs 6. ...Respondents^ Petition under Article 226 of the Constitution of India praying that in may in the the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ, order or direction, more particularly one nature of Writ of Mandamus Writ of Mandamus declaring the Endorsement dt 04-11-2022 issued by the 4'*^ respondent refusing to issue family member certificate of late KusampudiVenkataNarasaraju to the petitioner as illegal, arbitrary and violative of principles of natural justice consequently direct the respondents to consider the representation of the petitioner afresh by verifying the documents enclosed for issuance of the family member certificate of late kusampudiVenkataNarasaraju of Khajipalem, Pittalavanipalem Mandal, Bapatia District.-^ lA NO: 1 OF 2022 ^ 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 may be pleased to direct the respondents representation of the petitioner afresh by verifying the documents enclosed for issuance of the to consider the family member certificate of late kusampudiVenkataNarasaraju of Khajipalem, Pittalavanipalem Bapatia District, r' Mandal Counsel for the Petitioner: Dr CHALLA SRINIVASA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: 1 APHC010652662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 39296/2022 Between: Kusampudi Deepa ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.E VVS RAVI KUMAR r 2 The Court made the following order: The present writ petition is filed questioning the endorsement dated 04.11.2022, issued by the 4**" respondent whereunder rejected the application of the petitioner for issuance of family member certificate. 2. It is the case of the petitioner that, she married one Sri K.Venkata Narsaraju on 24.08.2000, at Venkateswaraswami Temple, Bhimavaram. It is the specific case of the petitioner that, she married the said Sri K.Venkata Narsaraju, after the demise of his first wife Smt. Sujatha. The respondent Nos.5 & 6 are the sons of Sri K.Venkata Narsaraju and Smt. Sujatha (first wife). The case of the petitioner is that, out of the wed lock between herself and Sri K.Venkata Narsaraju, she gave birth to a female child whose name is Sujatha. It is further stated that, during the life time of the said Sri K.Venkata Narsaraju, he executed a registered gift deed dated 22.01.2009 vide Doc.No.42 of 2009, in favor of the petitioner’s daughter, in respect of land admeasuring an extant of Ac.3.00 cents in Sy.No.275/2 of Alluru Village. It is further stated that, as on the date of execution of the said gift deed, petitioner’s daughter was minor. Based on the said registered gift deed, the petitioner approached the 4*'^ respondent 3 seeking to mutate her name in revenue records and to issue pattadar passbooks in her favor as she is the mother and natural guardian of her daughter Sujatha. After conducting an enquiry, the name of the petitioner was entered into revenue records in respect of land admeasuring an extent of Ac.3.00 cents in Sy.No.275/2 of Alluru Village. 3. It is further case of the petitioner that, subsequent to the demise of her husband, ill feelings started between the petitioner’s daughter on one hand and the respondent Nos.5 & 6 on the other. In view of the same, the petitioner and her daughter were denied share in the property of Sri K.Venkata Narsaraju. It is further case of the petitioner that, she filed an application before the 4'^ respondent seeking to issue family member certificate by enclosing copies of household card issued in the year 2006, in which the petitioner’s name is shown as wife of Sri K.Venkata Narsaraju. It is further case of the petitioner that, in pursuance thereof, a notice was issued to the respondent Nos.5 & 6, calling for objections, if any. Upon receipt of the notice, the respondent Nos.5 & 6 filed objections, wherein they have denied the marriage between and their father Sri K.Venkata Narsaraju and the petitioner. After enquiry, the 4*'^ respondent issued impugned 4 endorsement dated 04.11.2022, rejecting to issue family member certificate to the petitioner and directed her to approach competent civil court. Questioning the said endorsement, the present writ petition is filed. On the other hand, the respondent Nos.5 & 6 filed counter affidavit stating that, civil suits in OS No.43 of 2022 and OS No.6 of 2023, on the file of Senior Civil Judge, Bapatia, filed against the petitioner and her daughter Sujatha are pending adjudication. It is further stated that, the said suits are filed seeking to declare 4. the respondent Nos.5 & 6 as absolute owners of the suit schedule properties therein. It is further stated that, the petitioner approached the 4'*^ respondent with a malafide intention, so as to obtain family member certificate in order to mark the same in the pending suits. 5. Heard counsel for the petitioner, counsel for respondent Nos.5 & 6 and learned Assistant Government Pleader for Revenue. 6. Perused the material available on record. 5 I 7. It is the specific case of the petitioner that she married Sri K.Venkata Narsaraju, on 24.08.2000, at Venkateswaraswami Temple, Bhimavaram. In support of her claim, she filed marriage certificate dated 24.08.2001, issued by one Sri John Wesley, marriage licensee Bapatia, Guntur District. On perusal of the same, there is any amount of doubt with regard to the competency of the person who issued the said certificate. Unless the same is proved by oral and documentary evidence, the marriage certificate dated 24.08.2001, cannot be countenanced. Apart from the same, the respondent Nos.5 & 6 filed death certificate dated 16.12.2022, to show that their mother was died on 25.11.2002. It is the case of the petitioner, that she married Sri K.Venkata Narsaraju, on 24.08.2000, i.e., before the death of Smt. Sujatha (first wife). Therefore, it is for the petitioner to prove that, the marriage between herself and Sri K.Venkata Narsaraju, before competent civil court. In view of the foregoing reasons, there are no merits in the writ petition and accordingly the same is dismissed. It is needless to mention that the parties are at liberty to agitate their rights in the pending suits. No costs. 8. (T 6 As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- M. RAMESH BABU DEPUTY, REGISTRi^ //TRUE COPY// wSrOFFICER SEC To Dr CHALLA SRINIVASA REDDY Advocate [OPUC] ^ FOR REVENUE ,High Court Of Andhra Pradesh." 1. One CC to 2. Two CCs to GP [OUT] 3. Three CD Copies HIGH COURT DATED:01/04/2025 ORDER 1^2 8 JUL 2025 i isQirrent Sectiojix^^ WP.No.39296 of 2022 «>» DISMISSING THE WRIT PETITION WITHOUT COSTS