APHC010139082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7048/2023 Between: 1. BOMMAVARAM NARASA REDDY, S/O.B.RAMA CHANDRA REDDY OCC. PRIVATE EMPLOYEE, HINDU, AGED ABOUT 51 YEARS, R/O.3/48, YERRACHERUVUPALLI, NANDALUR, TANGUTURU, ANNAMAYYA DISTRICT, ANDHRA PRADESH- 516151 2. BOMMAVARAM RAGHUNADHA REDDY,, S/O.B.RAMA CHANDRA REDDY OCC.CULTIVATION, HINDU, AGED ABOUT 56 YEARS, R/O.YERRACHERUVUPALLI, NANDALUR, TANGUTURU, ANNAMAYYA DISTRICT, ANDHRA PRADESH- 516151 ...PETITIONER(S) AND 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE CHILD WELFARE COMMITTEECWC, RIMS COMPOUND, KADAPA CITY, YSR DISTRICT, A.P, REPRESENTED BY ITS CHAIR PERSON 3. THE DEPUTY DIRECTOR OF SOCIAL WELFARE, D-BLOCK, GROUND FLOOR-7, NEW COLLECTORATE, KADAPA, Y.S.R.DISTRICT, A,P. 4. THE REGIONAL BALA SADHAN, AKKAYAPALLI, KADAPA, YSR DISTRICT, A.P REPRESENTED BY ITS WARDEN 2 5. THE CIRCLE INSPECTORC I, VONTIMITTA RURAL POLICE STATION YSR DISTRICT, A.P 6. THE SUBINSPECTOR OF POLICE, VONTIMITTA POLICE STATION(P.S) YSR DISTRICT, A.P 7. B KALYANI, W/O. BOMRNAVARAM NARASA REDDY, AGED ABOUT 40 YEARS, R/O.3/48, YERRACHERUVUPALLI, NANDALUR, TANGUTURU, ANNAMAYYA DISTRICT, ANDHRA PRADESH- 516151 CURRENTLY RESIDING AT THAPPETAVARIPALLI VILLAGE ANANTHAPUR DISTRICT- 515541 ...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 pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring that action of the 2nd Respondent in taking custody of the 1St Petitioner's sons namely Bommavaram Maneesh Reddy and Bommavaram Hitesh Reddy from the 2' Petitioner herein, in pursuance to the letter submitted by the 6th Respondent i.e., Ex. P.1 herein and in not releasing them into the custody of the 1St Petitioner herein who is the Natural Guardian, as arbitrary, illegal, highhanded, without any Jurisdiction, violative of principles of Natural Justice, contrary to the provisions of 'The Hindu Minority And Guardianship Act, 1956' and 'Guardians and Wards Act, 1890 besides being violative of Petitioners rights guaranteed under Art.14 and 21 of the Constitution of India and consequently direct the 2nd Respondent herein to release the custody of the above mentioned children to the 1st Petitioner herein in the interests of justice and pass IA NO: 1 OF 2023 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 2nd Respondent herein to release the custody of the above mentioned children to the 1S Petitioner herein and pass Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 3 1. GP FOR HOME 2. T DIWAKAR REDDY 3. GP FOR WOMEN DEV CHILD WELFARE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7048/2023 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction particularly one in the nature of a writ of Mandamus declaring that action of the 2nd respondent in taking custody of the 1St petitioner's sons namely Bommavaram Maneesh Reddy and Bommavaram Hitesh Reddy from the 2nd petitioner herein, in pursuance to the letter submitted by the 6th respondent i.e., Ex. P1 herein and in not releasing them into the custody of the 1st petitioner herein who is the Natural Guardian, as arbitrary, illegal, highhanded, without any Jurisdiction, violative of principles of natural Justice, contrary to the provisions of 'The Hindu Minority And Guardianship Act, 1956' and 'Guardians and Wards Act, 1890 besides being violative of Petitioners rights guaranteed under Art.14 and 21 of the Constitution of India and consequently direct the 2nd respondent herein to release the custody of the above mentioned children to the 1st petitioner herein in the interests of justice and to pass such other order or orders.” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the 1st petitioner is the father of minor children namely Bommavaram Maneesh Reddy and Bommavaram Hitesh Reddy aged about 5 years and 6 years respectively. 5 While so, in view of the dispute between the 1st petitioner and respondent No.7 who is none other than wife and husband, regarding the custody of the children, respondent No.2 took custody of the children without entrusting them either to the petitioner No.1 or to Respondent No.7 and handed them over to the Children Home vested with respondent No.2 herein. The said action of respondent No.2 is contrary to law. Hence, the Writ Petition. 4. Learned counsel for the petitioner further submits that during hearing, at the admission stage, this Court was pleased to pass an order on 24.03.2023 directing respondent No.2 to handover the custody of minor children to the petitioner No.1 herein who is natural father and who will be recognized as natural guardian as per law and also directed the Superintendent of Police, YSR Kadapa District to investigate and enquire into the matter and submit report. 5. Learned Government Pleader for the respondents submits that in view of the order of this Court dated 24.03.2023, respondent No.2 handed over the custody of the minor children to the petitioner No.1 herein who is father of the minor children. It is further stated that pending the Writ Petition, respondent No.7 also filed Guardian O.P.No.7 of 2023 on the file of the Principal District Judge, Kadapa, which is pending for adjudication. Till the adjudication of the rights for custody of the minor children between the wife and husband, in view of the orders of this Court dated 24.03.2023, the custody of the children should be with the petitioner No.1 herein, granting visiting rights to respondent No.7. As per the report submitted by the Superintendent of 6 Police, Kadapa dated 18.04.2024, the petitioner No.1 herein complied with the order of this Court and permitting respondent No.7 to visit the minor children. It is further stated in its report that in view of the disputes between the petitioner and respondent No.7 regarding custody, the authorities concerned decided it is appropriate to keep them with the respondent No.2 Home and there is no other intention on the part of the official respondents to keep away the minor children from their natural guardians. 6. In view of the clear and categorical report and in view of the Guardian O.P filed by respondent No.7 for custody of the minor children, as such the trial Court would decide the rights of the petitioner No.1 and respondent No.7, this Court cannot adjudicate further since, the grievance of the petitioner No.1 was already addressed way of orders of this Court dated 24.03.2023 and no further orders are necessary in this Writ Petition. Till disposal or further orders passed by the trial Court in O.P., the order of this Court dated 24.03.2023 prevail as directed both parties enforce their rights including visiting rights of respondent No.7. 7. With the above observation, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.03.2026 TPS 7 33 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7048/2023 17.03.2026 TPS