Karanam Hareesh Vs the State of Andhra Pradesh

¶1

V <br>

¶2

APHCOI 0319562025

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶4

THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶7

WRIT PETITION NO: 16174 OF 2025

¶8

Between:

¶9

Karanam Hareesh, S/o. Ganagayya, R/o. Plot No. 27, D.No. 3-81/41/1, Lie Colony, Revenue Ward 71, Pendurthi, Vishakapatnam, Andhra Pradesh 531173

¶10

...Petitioner

¶11

AND

¶12

The State Of Andhra Pradesh, Rep. by its Principal Secretary, Departmentof Revenue, Secretariat, Velagapudi, Amaravati,^Andhra Pradesh.

¶13

The District Collector, Alluri Sitaramaraju District, Andhra Pradesh 3. The Tahsildar, Araku Valley Alluri Sitharamaraju District, Andhra Pradesh

¶14

The District Education Officer, Rep., by its Principal Secretary, Department of School Education, Alluri Sitharamaraju District,

¶15

Doha Purnayya, S/o. Pottayya, aged major D.No. 3-107, Kantabamsuguda, Near Telephone Exchange, Araku Valley,^Andhra Pradesh 531149.

¶16

...Respondents

¶17

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

¶18

pleased to issue a WRIT OF MANDAMUS or any other appropriate writ, order or direction declaring the inaction of the Respondents 2 and 3 innot issuing the family member certificate to the petitioner herein is as illegal, arbitrary. highhanded, violative of principles of natural justice^and also violative of Articles 21 of the Constitution of India and consequently direct the Respondent Nos 2 and3 to issue the family member certificate to the petitioner herein by considering his application, representation dated 28.05.2025.

¶19

lA NO: 1 OF 2025

¶20

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 to direct the Respondent No. 4 to stay disbursement of all benefits including monetary benefits arising out of the employment of my deceased wife to any third parties pending disposal of the writ petition.

¶21

Counsel for the Petitioner: GADHIRAJU BHANU SAI PRASAD VARMA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4; GP FOR SCHOOL EDUCATION Counsel for the Respondent No.5: NONE APPEARED

¶22

The Court made the following order:

¶23

APHC010319562025

¶24

tiE?-'-

¶25

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶26

[3329]

¶27

(Special Original Jurisdiction)

¶28

THURSDAY.THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶29

PRESENT

¶30

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16174/2025

¶31

Between:

¶32

1.KARANAM HAREESH, S/0. GANAGAYYA, R/0. PLOT NO. 27,^D.NO. 3-81/41/1, LIE COLONY, REVENUE WARD 71 PENDURTHI VISHAKAPATNAM, ANDHRA PRADESH 531173

¶33

...PETITIONER

¶34

AND

¶35

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENTOF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.

¶36

2.THE DISTRICT COLLECTOR, ALLURI SITARAMARAJU DISTRICT, ANDHRA PRADESH

¶37

3.THE TAHSILDAR, ARAKU VALLEY ALLURI SITHARAMARAJU DISTRICT, ANDHRA PRADESH

¶38

4.THE DISTRICT EDUCATION OFFICER, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ALLURI SITHARAMARAJU DISTRICT,

¶39

5.DOHA PURNAYYA, S/O. POTTAYYA, AGED MAJOR D.NO. 3-107, KANTABAMSUGUDA, NEAR TELEPHONE EXCHANGE, ARAKU VALLEY, ANDHRA PRADESH 531149.

¶40

...RESPONDENT{S):

¶41

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

¶42

pleased topleased to issue a WRIT OF MANDAMUS or any other appropria''te writ, order or direction declaring the inaction of the Respondents 2 and 3 innot issuing the family member certificate to the petitioner herein is as illegal, arbitrary, highhanded, violative of principles of natural justice and also violative of Articles 21 of the Constitution of India and consequently direct the Respondent Nos 2 and3 to issue the family member certificate to the petitioner herein by considering his application, representation dated 28.05.2025 or to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent No. 4 to stay^{disbursementofall} benefits including monetary benefits arising out of the employment of my deceased wife to any third parties pending disposal of the writ petition or to pass

¶43

Counsel for the Petitioner:

¶44

1.GADHIRAJU BHANU SAI PRASAD VARMA

¶45

Counsel for the Respondent(S):

¶46

1.GP FOR REVENUE

¶47

2.GP FOR SCHOOL EDUCATION

¶48

The Court made the following:

¶49

3

¶50

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶51

WRIT PETITION NO:16174/2025

¶52

ORDER

¶53

This writ petition is filed under Article 226 of the^{ConstitutionoftheIndia}

¶54

seeking the following reliefs;-

¶55

“to issue a WRIT OF MANDAMUS or any other appropriate writ, order or direction declaring the inaction of^{theRespondents2} and 3 in not issuing the family member certificate^{tothepetitioner} herein is as Illegal, arbitrary, highhanded, violative^{ofprinciplesof} natural justice and also violative of Articles 21 of^{theConstitutionof} India and consequently direct the Respondent Nos. 2^and3toissue the family member certificate to the petitioner herein^{byconsidering} his application representation dated 28.05.2025 or^topass such other order or orders... ”

¶56

¶57

Heard learned counsel for the petitioner and learned Government

¶58

Pleader for the respondents.

¶59

Learned counsel for the petitioner submits that the petitioner herein^is the husband of the deceased Smt.S.Ramanamma, who worked as Secondary Grade Teacher. While so, the wife of the petitioner^{diedon14.08.2024as} intestate and issueless leaving the petitioner-husband^{asthesolelegalheir.} Learned counsel for the petitioner further submits^{thaterroneously,} the respondent authorities i.e., particularly respondent^{hereinissuedFamily} Member Certificate (FMC) on 26.09.2024 in favour of respondent^No.5herein, who also claimed as husband of the deceased. The said^{certificatewasissued} without there being any enquiry and without issuing any^{noticetothepetitioner} herein. He further submits that as per G.O.Ms.No. 145,^{dated25.04.2015,}

¶60

4

¶61

respondent No.3 shall follow the due procedure as contemplated^thereunder But without following the same, respondent No.3 issued family member certificate in favour of respondent No.5. Hence, the writ petition.

¶62

On the other hand, learned Government Pleader for the respondents furnished written instructions dated 01.07.2025 issued by respondent No.3 wherein, the relevant portion of the said instructions^{isextractedhereunder:}

¶63

'In stark contrast, village elders, along with Ramanamma’s father, affirmed her legitimate marriage to Doliya Purnayya, presenting wedding photographs and other proofs to^substantiate it. Based on these factual findings and corroborative testimonies,^the Tahsildar, Araku Valley appropriately issued an FMC recognizing Doliya Purnayya as the lawful husband and family member^ofthe late Setti Ramanamma. This determination was duly communicated to the petitioner through PGRS. ”

¶64

It is further stated that respondent No.3 duly conducted enquiry after receipt of application/ representation from the respondent No.5 who sought for family member certificate. After completion of such enquiry with the village elders and other relatives of the deceased, the respondent No.3 finally issued the family member certificate in favour of respondent No.5 holding that respondent No.5 is the husband of the deceased. He^{alsorevealsthatallthe} obsequies regarding deceased were conducted by the respondent No.5 and also produced wedding invitation which indicates that the marriage was held between the respondent No.5 and the deceased.

¶65

5

¶66

In reply, learned counsel for the petitioner disputed the marriage took place between the deceased and respondent No.5.

¶67

Having regard to the submissions made by the learned^{counselforthe} petitioner and learned Government pleader for the respondents and on perusal of the material placed on record, it is observed that there is a dispute between the petitioner and respondent No.5 regarding the claiming of the benefits of the deceased as class-1 legal heir, since the petitioner and respondent No.5 both are claiming as husband of the^deceased. It is further observed that the petitioner filed some unauthenticated evidence^to show^that he was the husband of the deceased, but he did not produce any authenticated document to show that he is the husband of the deceased.

¶68

In view of the facts and circumstances as stated above,^{thisCourtisof} the considered view that the present writ petition can be disposed of, directing the petitioner to invoke appropriate proceedings before^theCourt of law to declare himself as sole legal heir of the deceased, within a period of two (02) weeks from the date of receipt of a copy of this order. Therefore, in the meanwhile an order of Status quo obtaining as on today^{shallbemaintained} by the parties concerned in respect of the family member certificate issued by respondent Nos. 3 and 4 dated 26.09.2024 for a period of four (04) weeks. At the time of instituting the appropriate proceedings, the petitioner shall prefer an I.A., if any, for getting any interim relief in^hisfavour.

¶69

6

¶70