APHC010178432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9889/2026 Between: 1. MALA VENKATESULU, S/O LATE NARAYANAPPA, AGED ABOUT 61 YEARS, OCC DAILY WAGE WORKER, R/O.D.NO.26-4-3483, INDIRAMMA COLONY, KOLLAKUNTA, CHOWDESHWARI COLONY HINDUPUR MANDAL, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.-522237 2. THE DISTRICT COLLECTOR, AND DISTRICT MAGISTRATE, SRI SATHYA SAI DISTRICT, PUTTAPARTHI.-515134 3. THE DISTRICT SC WELFARE, AND EMPOWERMENT OFFICER SRI SATHYA SAI DISTRICT.-515134 4. THE TAHSILDAR, HINDUPUR MANDAL, SRI SATHYA SAI DISTRICT. 515201 ...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 a Writ of Mandamus, declaring the action of the 4th Respondent in rejecting the Petitioners Application No. FAMC012503612273 for a Family 2 Member Certificate vide Endorsement dated 27.11.2025 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th Respondent to forthwith issue a Family Member Certificate in favour of the Petitioner and his family members, and pass IA NO: 1 OF 2026 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 direct the respondents to forthwith issue the Family Members Certificate to the Petitioner in the format applied for and to process and sanction the balance/additional relief of 07,50,000/- (Rupees Seven Lakhs Fifty Thousand only) together with all other rehabilitation benefits (pension, employment to one family member, house/land, education assistance) under G.O.Ms.No.95 dt.29.08.2016 read with the SC/ST (POA) Rules, within four weeks from the date of receipt of the Family Certificate, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9889 OF 2026 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 a Writ of Mandamus, declaring the action of the 4th Respondent in rejecting the Petitioner’s Application No. FAMC012503612273 for a Family Member Certificate vide Endorsement dated 27.11.2025 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th Respondent to forthwith issue a Family Member Certificate in favour of the Petitioner and his family members, and pass such other order or orders …” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of respondents. 3. Before opening of the case, learned counsel for the petitioner stated that this Court is not having roster and requested to place this matter before other Court. After perusal of the impugned order and proceedings of the Collector & District Magistrate dated 02.12.2023, it appears that this Court is having roster. Hence, the contention raised by the learned counsel for the petitioner that this Court is not having roster is without any basis and is rejected. This Court is not aware of the reason why he has mentioned in the above-stated manner. 4. The present Writ Petition is filed questioning the proceedings dated 27.11.2025. As per the proceedings of the 4th respondent, it appears that the petitioner, who is father of deceased-Smt. M.Aravinda, filed an application for 4 issuance of family member certificate through the Mee Seva and the said application was registered as FAMCO12503612273, dated 16.04.2025. The same was rejected by the 4th respondent-Tahsildar on the ground that the deceased was married and had a husband, and as such, the petitioner is not entitled for any family member certificate. The said proceedings of the 4th respondent-Tahsildar dated 27.11.2025 was assailed in the present writ petition. 5. The petitioner also filed an application before the District Collector requesting to sanction the balance relief amount based on G.O.Ms.No.95, Social Welfare (CV.POA) Department, dated 29.08.2016 and to provide a job to the petitioner’s son. The said application was forwarded to the 4th respondent-Tahsildar for appropriate action. 6. As per sub-section (1) of Section 15 of the Hindu Succession Act 1956, the property of female Hindu dying intestate shall devolve according to the rules set out in Section 16 of Hindu Succession Act, 1956, on different class-I heirs enumerated in class-(a) to (e). It is not disputed that the deceased has left behind her husband as her legal heir enumerated in class-(a) of sub- section (1) of Section 15 of Hindu Succession Act. Further, Section 16 of the Hindu Succession Act, sets-out the order of succession and manner of distribution among heirs of female Hindu. According to rules set out in Section 16, (a) the property of a female Hindu dying intestate shall devolve according to the firstly, upon the sons and daughters (including the children of any pre- deceased son or daughter) and the husband. Therefore during the life time of 5 husband, the parents and brother of the deceased certainly cannot become the legal heirs of deceased under section 15 of the Hindu Succession Act. 7. Therefore the present Writ Petition is dismissed. However, the petitioner, if aggrieved and so advised, is at liberty to invoke any other alternative remedy that if any provided under G.O.Ms.No.145 Revenue (services.ll) Department, dated 25.04.2015 and G.O.Ms.No.237 Revenue (servl-cos.II) Department, dated 30.06.2015. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.04.2026 KBN 6 38 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9889 of 2026 Date: 17.04.2026 KBN