Devarasetty Nagamani v. The State of Andhra Pradesh
WP/18947/2026 · 2026-08-04
B S Bhanumathi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7449 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7449 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010355852026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the 5 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 18947 Between: Devarasetty Nagamani
State of Andhra Pradesh and others Counsel for the petitioner
1. Kambhampati Ramesh Babu Counsel for the respondents:
1. G.P. for Revenue The Court made the following:
Date of reserved for orders : Date of pronouncement : Date of uploading :
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the 5th day of August 2026 Present Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 18947 of 2026 Devarasetty Nagamani
... Petitioner and
State of Andhra Pradesh and others ... Respondent Counsel for the petitioner: Kambhampati Ramesh Babu Counsel for the respondents: G.P. for Revenue The Court made the following:
[3311] Petitioner
Respondents
2 W.P.No.18947 of 2026
O R D E R: This petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of a writ of Mandamus, declaring the order passed by the respondent No. 2 vide proceedings in L.Dis. REV02 - MS0MISC / 56 / 2026 – JA(C3) - COLPLND, dated 05.05.2026, whereby the Family Member Certificate, vide No. FAM C012002044615, dated 10.02.2020, issued by the respondent No. 4 in favour of the petitioner was cancelled without serving any prior notice to the petitioner, as entirely illegal, arbitrary, as a result of non-application of mind, contrary to law, and grossly violative of the principles of natural justice. 2. The case of the petitioner, briefly stated, is as follows: The petitioner is the wife of late Devarasetty Satya Srinivasa Murali Mohan who passed away on 04.10.2017. Her husband was adopted by late Devarasetty Shyam Sundar Rao and late Devarasetty Baby Sarojini as they were issueless. The husband of the petitioner is the son of elder brother of Devarasetty Shyam Sundar. An adoption deed was executed on 23.06.1984. Thereafter, Devarasetty Shyam Sundar Rao died on 25.09.1984 and Devarasetty Baby Sarojini died on 22.06.2009. On their death, their properties devolved on the husband of the petitioner. The petitioner’s husband also died on 04.10.2017.
On an application made by the petitioner, a family member certificate vide No. FAMC012002044615, dated 10.02.2020 was issued by the respondent No. 4, after a detailed local enquiry, as per the procedure contemplated under G.O.Ms.No. 145, Revenue (SER.II) Department, dated 25.04.2015 and verification of all relevant public
3 W.P.No.18947 of 2026 records. While things stood thus, suddenly the family member certificate was cancelled by the respondent No. 2, on misrepresentation by the respondent No. 5, without issuing any show cause notice to the petitioner or providing any kind of opportunity of personal hearing to her. Hence, this writ petition was filed. 3. The learned counsel for the petitioner submitted that the impugned order suffers from improper appreciation of law, since it was held that an unregistered adoption deed automatically lacks legality, ignoring the longstanding adoption recognized by the family members, extra performance of funeral rites and other multiple entries in the other records which support the presumption of valid adoption. She further submitted that a family member certificate cannot be declined to a daughter-in-law as is observed in the impugned order. 4. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No. 2, along with copies of the impugned order and the report of R.D.O. in Rc.No. 2745 / 2025-C, dated 24.02.2026. 5. A perusal of the impugned order and the report of R.D.O. shows that no opportunity of hearing had been provided to the petitioner before cancelling the family member certificate issued to her. Therefore, there is a clear violation of principles of natural justice. 6.
So, without going into the other contentions on merits, the writ petition is allowed setting aside the order, dated 05.05.2026, and the respondent No. 2 is directed to conduct an enquiry afresh by providing an opportunity of personal hearing to the petitioner
4 W.P.No.18947 of 2026 and receive explanation along with any documents, if any, submitted by her and pass appropriate order as per law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, in this petition shall stand closed. ___________________ B. S. BHANUMATHI, J Dt. 05.08.2026
PNV
Whether the order is : Speaking No / Reasoned Yes Reportable No / Non-Reportable Yes