Andhra Pradesh High Court - Amravati
Padala Sanyasi Rao vs The State Of Andhra Pradesh on 6 August, 2024
APHC010531502023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
TUESDAY ,THE SIXTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 28784/2023
Between:
1. PADALA SANYASI RAO.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, VELAGAPUDI, AMARAVATHI AND TWO OTHERS.
...RESPONDENT
Counsel for the Petitioner:
1. MAGANTI SAI KRISHNA
Counsel for the Respondent:
1. GP FOR REVENUE
The Court made the following ORAL ORDER:
Heard Sri Maganti Sai Krishna, learned Counsel for the Writ Petitioner
and Sri K. Arjun Chowdary, learned Assistant Government Pleader for
Revenue.
2. Learned Counsel for the Writ Petitioner submits that the Writ
Petitioner has made an Application seeking the Family Member Certificate
through Online dated 22.09.2023 (Ex.P.6). Learned Counsel would submit
that the Writ Petitioner has filed O.S.No.25 of 2017 in the Court of Senior Civil
Judge, Rajam, Srikakulam District, seeking the relief of declaration that the
Plaintiff is the legal heir and legal representative of his adoptive parents
namely Late Sri Padala Venkatappadu and Late Smt. Padala Pentamma. It is
submitted that the Defendant No.1 therein is the District Collector, Srikakulam
District and Defendant No.2 is the Tahsildar, Vangara Mandal, Srikakulam
District. Learned Counsel further submits that, vide Judgment dated
15.12.2021, learned Senior Civil Judge, Rajam was pleased to Decree the suit
bearing O.S.No.25 of 2017 in favour of the Writ Petitioner by declaring the
Writ Petitioner herein (Plaintiff therein) as the legal heir and legal
representative of his adoptive parents namely Late Sri Padala Venkatappadu
and Smt. Late Padala Pentamma. It is further submitted that the Decree
dated 15.12.2021 in O.S.No.25 of 2017 passed by the learned Senior Civil
Judge, Rajam, has become final against the Defendants therein. Defendant
Nos.1 and 2 in O.S.No.25 of 2017 are the Respondent Nos.2 and 3 in the
present Writ Petition.
3. Learned Counsel for the Writ Petitioner submits that the Writ
Petitioner has submitted the Online Application on 22.09.2023 (Ex.P.6) and
that there is inaction on the part of the Respondent No.3 in acting on the
Application.
4. Having considered the above facts and having considered the fact
that the Decree passed in O.S.No.25 of 2017 dated 15.12.2021, had attained
finality, this Court is of the view that the Writ Petitioner is entitled for the relief
sought. Accordingly, this Writ Petition is allowed. Consequently, there shall be
a direction to the Official Respondent No.3 to consider the Application
submitted the Writ Petitioner on 22.09.2023 (Ex.P.6) as per law within a period
of four weeks from today and convey such action (regarding the issuance of
Family Member Certificate) to the Writ Petitioner forthwith. Writ Petitioner is
directed to submit a copy of this Order to Respondent Nos.2 & 3 along with
the photocopy of the Application dated 22.09.2023 (Ex.P.6) and photocopy of
the Decree in O.S.No.25 of 2017 dated 15.12.2021 (Ex.P.3) within one week
from today. No Order as to Costs.
5. Interlocutory Applications, if any, stand closed in terms of this Order.
______________________________________
(GANNAMANENI RAMAKRISHNA PRASAD, J)
Dt: 06.08.2024
JKS
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No. 28784 OF 2023
06.08.2024
JKS
