Achanta Savitri vs The State Of Andhra Pradesh
2022 Latest Caselaw 4025 AP

       HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
                         AND
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

                    WRIT APPEAL No.586 of 2022

  JUDGMENT: (per UDPR, J)

        Heard learned counsel for appellant, Sri D.V.Sasidhar, learned

  Government Pleader for Revenue representing on behalf of the

  respondents 1 to 4 and Sri Madhavarao Nalluri, learned counsel,

representing on behalf of the respondents 5 and 6.

2. Referring to the order under Appeal in W.P. No.16375 of 2021,

wherein a direction was given by the learned Single Judge that the

petitioner therein to approach the 3rd respondent within a period of

two weeks and the 3rd respondent, then to dispose of his application

within two months after issuing notice to all the parties concerned

including respondents 3 and 5 therein, learned counsel for appellant

would submit that unfortunately in the impugned order it was not

considered that no appeal provision was created against the issuance

of family member certificate as per G.O.Ms.No.145, Revenue

(SER.III) Department, dated 25.04.2015, since parties have not placed

the said rule position before the learned Single Judge and thereby, the

order was passed. He would now request that the appeal may be

allowed and the matter may be remanded to learned Single Judge to

decide the issue on merits after hearing both parties. Learned counsel

for respondents 5 and 6 opposed the writ appeal. Learned Government

Pleader for Revenue confirmed the rule position as submitted by the

learned counsel for the appellant.

3. We gave our anxious consideration to the above submissions of

learned counsel for appellant and by the learned Government Pleader

and perused G.O. Ms.No.145, Revenue (SER.III) Department, dated

25.04.2015, which prescribes the procedure for issuance of family

member certificate to the Government employees/general public for

all the purposes by the Tahsildars concerned. As rightly submitted by

the learned counsels, the aforesaid G.O.Ms. No.145, has not

specifically created any appellate forum for the persons aggrieved by

the orders of the Tahsildar to file the appeal. Therefore, there is no

other go for us except to construe that the said G.O. has not created

any appeal provision for appeal.

5. In that view, we consider it apposite to accede to the request of

the counsel for appellant. Accordingly, this writ appeal is allowed and

the order dated 24.06.2022 in W.P. No.16375 of 2021 is set aside and

the matter is remitted back to the learned Single Judge with a request

to consider the case of the writ petitioner and also the respondents

5 and 6 and pass an appropriate order in accordance with the

governing law and rules expeditiously. No costs.

As a sequel, interlocutory applications pending, if any, shall

stand closed.

_________________________ U.DURGA PRASAD RAO, J

____________________________ G.RAMAKRISHNA PRASAD, J

15.07.2022 SS