APHC010426462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21670 OF 2025 Between: 1. B SAI NIKHILA, W/O B.V. SAI CHAITANYA AGED ABOUT 26 YEARS, R/O FLAT NO-304, PRASANTHI NILAYAM, MANGAMOOR ROAD, ONGOLE, PRAKASAM ANDHRA PRADESH - 523002 2. B. VENKATA SAI CHAITANYA, S/O B. VENKATA SATHEESH AGED ABOUT 29 YEARS, R/O FLAT NO-304, PRASANTHI NILAYAM, MANGAMOOR ROAD, ONGOLE, PRAKASAM, ANDHRA PRADESH - 523002 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR OF WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, JAMPANI TOWERS, AMARAVATHI ROAD, GUNTUR, GUNTUR DISTRICT. THE PROJECT DIRECTOR, O/O DW CDA KANURU, VIJAYAWADA. 3. THE PROJECT DIRECTOR, O/O DW CDA KANURU, VIJAYAWADA. 4. THE CDPO, GANNAVARAM NTR DISTRICT.5. 5. THE INSPECTOR OF POLICE, NUNNA PS NTR DISTRICT. 6 6. THE MANAGER, SHISHU GRUHA KRISHNA, DADDYS HOME CASE AND SHARE, BUDDAVARAM VILLAGE, GANNAVARAM MANDAL, 2 NTR 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 topleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in taking away the writ petitioners minor child Venkata Sai Lakshmi Aaradhya Dhatri on 14-07-2025 forcibly from their custody and keeping her under respondents custody as illegal, arbitrary. Contrary to law and in violation of Article 20 of the Constitution of India and consequently direct the 5THrespondent to restore the custody of the minor child Venkata Sai Lakshmi Aaradhya Dhatri to the writ petitioners till her biological parents are found and pass 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 pleased to direct the respondents hand over the interim custody of the minor child Venkata Sai Lakshmi Aaradhya Dhatri to the writ petitioners till investigation is completed pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR HOME 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21670 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the 5th respondent in forcibly taking away the petitioner’s minor child Venkata Sai Lakshmi Aaradhya Dhatri, from the custody of the petitioners on 14.07.2025 and keeping her under the custody of the 6th respondent, without following due process of law. 2. Heard Sri K.V.Raghu Veer, learned counsel for the petitioners and learned Assistant Government Pleader for Women Development and Child Welfare appearing for the respondents. 3. On 12.09.2025, this Court passed the following interim order: “Heard the submissions of learned counsel for the petitioner and learned counsel for the respondents. Pending further orders, the 5th and 6th respondents are directed to restore the custody of the minor child to the petitioners within three (3) days from the date of receipt of this order. In the interest of the child, this Court directs the concerned Member of the District Legal Services Authority to seek a report from the adoptive parents regarding the welfare and progress of the child on a quarterly basis. The concerned Member of the District Legal Services Authority is at liberty to visit the petitioners' residence every month and enquire about the welfare of the child.” 4 4. In compliance to the order dated 12.09.2025, the District Legal Services Authority has submitted a report stating as follows: “I further submit that In pursuance of the above directions, the secretary, District Legal services Authority, Krishna, Machilipatnam, issued notices to the petitioners ie, B.Sail Nikhila, W/o. B.V. Sai Chaitanya and B. Venkata Sai Chaitanya, S/o. B. Venkata Satheesh by post with a direction to appear before District Legal Services Authority, Krishna, Machilipatnam on 29.09.2025. The notices issued were served to them on 30.09.2025. Hence, they appeared before this Authority on 03.10.2025. Both the petitioners by name B.Sai Nikhila, W/o.B.V.Sai Chaitanya, Petitioner No.1 and B.Venkata Sai Chaitanya, S/o.B.Venkata Satheesh, Petitioner No.2 appeared before this authority on 03.10.2025 and gave their statements separately to the Secretary, District Legal Services Authority, Krishna. I further submit that, according to their statements, they are residents of Ongole town in Prakasam district and pursuant to the directions of the Hon'ble High court, in its interim orders dt. 12.09.2025, they took the baby girl from the Daddy's Home ie., Respondent No.6 on 17.09.2025 and at present they are taking good care of the girl child, now the girl is hale and healthy and she is taking food properly and she is active. They further stated that they are interested to grow the child and also interested in the welfare and well being of the child and that they are attached with the child even emotionally. They have submitted copies of the medical reports of the baby. 5 I further submit that the baby by name Venkata Sal Lakshmi Aradhya Dhatri, is looking hale and healthy and she is active.” 5. Having regard to the above, the writ petition is disposed of granting liberty to the petitioners to follow any of the prescribed procedures to adopt the child, namely Venkata Sai Lakshmi Aradhya Dhatri, in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. 6. Till the process of adoption is completed, the custody of the child shall continue to be with the petitioners. The respondent Nos.5 and 6 are at liberty to make visit the petitioners’ residence bimonthly till the adoption process is completed. It is needless to observe that the adoption process should be completed within six months from the date of receipt of a copy of this order. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 27.10.2025 BSK 6 15 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21670 OF 2025 Date: 27.10.2025 BSK