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2025 DAILYLAW 57936 (AP)

CHENNAREDDY HARSHITH ANAVOTH REDDY v. THE STATE OF AP

WP/28780/2025 · 2025-10-23

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010549602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28780/2025 Between: 1. CHENNAREDDY HARSHITH ANAVOTH REDDY, , S/O. LATE MUDDU KRISHNA REDDY, AGED ABOUT 27 YEARS, R/O. 5- 125/1,5TH WARD, PATHAKUCHIPUDI PALLI, KANIGIRI, PRAKASAM DISTR ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE TAHSILDAR, KANIGIRI MANDAL, PRAKASAM DISTRICT. 3. THE TAHSILDAR, DARSI MANDAL, PRAKASAM DISTRICT. 4. THE SUPERINTENDENT ENGINEER, APCPDCL OPERATIONS, ONGOLE TOWN, PRAKASAM DISTRICT. 5. CHENNAREDDY SUNEETHA, W/O. LATE MUDDU KRISHNA REDDY, AGED ABOUT 45 YEARS, R/O. 4-1139/A/B, WARD NO. 3, PODILI ROAD, DARSI, PRAKASAM 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 one in the nature of writ of Mandamus, declaring the inaction of the 2nd respondent in issuing the family member certificate to the deceased father of the petitioner by considering his application dt. 22-09-2025, is illegal, arbitrary and Unconstitutional and consequently direct the 3rd respondent not to issue the family member certificate without including the name of the petitioner, and pas 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 to direct the 2nd respondent to consider the application dt. 22- 09-2025, of the petitioner and issue the family member certificate.pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28780 of 2025 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 one in the nature of writ of Mandamus, declaring the inaction of the 2nd respondent in issuing the family member certificate to the deceased father of the petitioner by considering his application dt. 22-09-2025, is illegal, arbitrary and Unconstitutional and consequently direct the 3rd respondent not to issue the family member certificate without including the name of the petitioner, and pass such other order.…” 2. The writ petition is filed seeking a direction to respondent No.3 not to issue the family member certificate in favour of respondent No.5, who is claiming to be the second wife of deceased by name Sri Chennareddy Muddu Krishna Reddy, who is the father of petitioner. 3. Heard Sri I.Koti Reddy, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4. 4. Learned counsel for the petitioner would submit that the respondent No.5 submitted an application to respondent No.3 for the issuance of a family member certificate, while suppressing the fact that the petitioner is the son of the deceased government employee, Sri Chennareddy Muddu Krishna Reddy. The petitioner has also sent a legal notice to respondents Nos.3 and 4, requesting that authorities should refrain from releasing the death benefits of late Sri 3 Chennareddy Muddu Krishna Reddy and from issuing a family member certificate without including the petitioner's name. Despite the legal notice, the respondent authorities are intending to issue a family member certificate to the unofficial respondent, which could lead to prejudice. Therefore, this writ petition is filed to request that the authorities be directed not to issue a family member certificate without following the proper procedures. 5. The learned Assistant Government Pleader would submit that the respondents authorities will follow the procedure as contemplated under G.O.Ms.No.145, Revenue (Ser.II) Department, dated 25.04.2015. 6. The Government of Andhra Pradesh has promulgated G.O.Ms.No.145, Revenue (Ser.II) Department, dated 25.04.2015, which provides certain instructions for the issuance of family member certificates to government employees and the general public. The Tahsildar concerned shall follow the procedure and the precautions while issuing family member certificate. The relevant instructions read as follows: “…On an application made through Mee-Seva, the Tahsildar shall issue Family Members Certificate, provided there is no written objection from any other member of the family. (i) Such certificate issued shall be a document stating the factual relationship of the deceased with applicant and other family members. (ii) On receipt of such application, the Tahsildar shall publish a (7) seven days’ notice in the village/ward. 4 (iii) After the expiry of the notice period, the Tahsildar or any other officer deputed by him shall conduct enquiry and record panchanama, based on which the Tahsildar shall either issue the same or reject the same. (iv) It shall be clearly specified that the Family Member Certificate is not a legal heir certificate. (v) It shall not be in lieu of legal heir certificate that will be required to be produced before in civil Court matter…” 7. G.O.Ms.No.145, dated 25.04.2015, stipulates that the Tahsildar shall consider the objections of the members of the family. 8. Hence, without addressing the merits of the case, the present Writ Petition is disposed of, directing the respondent No. 3 to adhere to the procedure outlined in G.O.Ms.No.145, Revenue (Ser.II) Department, dated 25.04.2015. The 3rd respondent is also directed to issue notice to the affected parties and, after conducting a proper enquiry as specified in the G.O., issue the family member certificate at the earliest possible time. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.10.2025 KBN