Extracted from the PDF above. The PDF is authoritative.
APHC010488462025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 25976 of 2025 Between:
1. RAMAVATH LAYA, D/O LATE RAMAVATH ARJUN NAIK AGED ABOUT 20 YEARS, R/O H. NO. 42-137, NGO COLONY, KADAPA CITY, YSR KADAPA DISTRICT.
2. RAMAVATH SHREYA, D/O LATE RAMAVATH ARJUN NAIK AGED ABOUT 19 YEARS, R/O H. NO. 42-137, NGO COLONY, KADAPA CITY, YSR KADAPA DISTRICT.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI,GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, KADAPA, YSR KADAPA DISTRICT.
4. THE TAHSILDAR, KADAPA MANDAL, YSR KADAPA DISTRICT.
5. THE DEPUTY GENERAL OF POLICE, KURNOOL RANG, KURNOOL.
6. THE SUPERINTENDENT OF POLICE, KADAPA, YSR KADAPA DISTRICT.
...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 a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents more specifically, the 4th respondent in not issuing the family members certificate to the petitioners vide application No.
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FAMC012503625758 dated 14.05.2025 as illegal, arbitrary and violation of principles of natural justice and violation of Art.14, 19, 21 of constitution of India. Consequently, direct the 4th respondent to issue family members certificate to petitioners vide application No. FAMC012503625758 dated 14.05.2025.
Counsel for the Petitioner(S):
1. MANTAPAMPALLE RAMPRASAD
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
The Court made the following:
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ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents more specifically, the 4th respondent in not issuing the family members certificate to the petitioners vide application No.FAMC012503625758 dated 14.05.2025 as illegal, arbitrary and violation of principles of natural justice and violation of Art.14, 19, 21 of constitution of India. Consequently, direct the 4th respondent to issue family members certificate to petitioners vide application No.FAMC012503625758 dated 14.05.2025 and pass such other orders…”
2. In the judgment of Hon’ble Apex Court in The Government of India Vs. P. Venkatesh reported in (2019) 15 SCC 613 held that: Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute.
3. This Court is not oblivious of the fact that a Court to authorities, before directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a "live" issue or whether it is with reference to a "dead" or "stale" issue. If it is
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with reference to a "dead" or "stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct consideration or reconsideration. If the Court to Tribunal deciding to direct
"consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the Court does not expressly say so, that would be the legal position and effect."
4. Disposal of proceedings by seemingly innocuous orders directing
consideration of application though result in quick or easy disposal of cases in overburdened adjudicatory institutions, but such orders do more disservice than service to the cause of justice.
5. However, the respondents are directed to consider the petitioners' application for issuance of family members certificate, vide application No.FAMC012503625758 dated 14.05.2025, examine the same thoroughly, issue orders accordingly, and communicate the decision to the petitioners. It goes without saying that the entire process will be completed within four (4) weeks from the date of receipt of a copy of this
order.
6. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 14.10.2025
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.25976 of 2025
Date: 14.10.2025
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