Smt.Dasharadhi Rama Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Smt.Dasharadhi Rama Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage (with consent of counsel), directing respondent No.3 to issue notice to the petitioner while conducting the enquiry pursuant to the orders in W.P.No.1100 of 2025 and the Government Memo No.31346/Ser.II.2/2010 dated 25.10.2010, to consider the objections of both sides, to pass an appropriate reasoned order and communicate it to the petitioner and respondent Nos.5 to 8; no costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the action of respondent No.3 in failing to accord notice and opportunity of hearing to the petitioner and issuing fresh Family Member Certificate(s) in favour of respondent Nos.5 to 8, contrary to the directions in W.P.No.1100 of 2025 dated 10.01.2025, is illegal, arbitrary and unconstitutional. +1 more

Court's answer

The ends of justice would be met if respondent No.3 is directed to issue notice to the petitioner while conducting the enquiry in pursuance of the orders passed by this Court in W.P.No.1100 of 2025 and in terms of the Government Memo No.31346/Ser.II.2/2010-Revenue Department dated 25.10.2010.

Ratio / Principle

After considering the objections of both the petitioner and the petitioners in W.P.No.1100 of 2025, respondent No.3 shall pass an appropriate reasoned order and communicate the said reasons to the petitioner as well as respondent Nos.5 to 8, in accordance with law.

Detailed headnote1 paragraphs

Telangana High Court (C.V. Bhaskar Reddy, J.), disposing of a writ petition at the admission stage with consent of counsel: the petitioner, stating herself to be the second wife and sole surviving wife of late Chennakeshavulu, challenged the Revenue Divisional Officer, Achampet (respondent No.3) issuing fresh Family Member Certificates to respondent Nos.5 to 8 (the first wife's children) without notice or hearing to her, despite this Court's order dated 10.01.2025 in W.P.No.1100 of 2025, pursuant to which the earlier certificate (dated 09.08.2023) had been cancelled vide Proceedings No.D/1038/2024 dated 25.10.2024. The Court directed respondent No.3 to issue notice to the petitioner while conducting the enquiry in pursuance of the orders in W.P.No.1100 of 2025 and in terms of Government Memo No.31346/Ser.II.2/2010-Revenue Department dated 25.10.2010, consider the objections of both sides, and pass an appropriate reasoned order communicating the reasons to the petitioner and respondent Nos.5 to 8, in accordance with law. No costs; miscellaneous petitions closed.

[^32e61

HIGH COURT FOR THE STATE oF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE TWENry FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V, BHASKAR REDDY

WRIT PETITION N O: 5400 OF 2025

Between:

Smt.Dasharadhi Rama, Wo. Late Chennakeshavulu Aged about 46^years, Occ. Household Ri./o. H.No.3-37, Madhavanipalli Village Amrabad Mandal, Nagarkurnool District.

...PETITIONER

AND

1 The State of Telangana, Rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad.

The District Collector, Nagarkurnool District.

The Revenue Divisional Officer, Achampet Revenue Division Nagarkurnool District.

The TahsildAr, Amrabad Mandal Nagarkurnool District.

Dasharadhi Jayaprakash, S/o.Chennakeshavulu Aged aboul 27^years, Occ. Student Ri/o.Madhavanipalli Village, Amrabad Mandal, Nagarkurnool District, Telangana State.

Maddela Hemalatha, Wo.Murahari Aged about 33^years, Occ . Housewife R/o.H.No.1-133, Midjil Mandal Near Check Dam, Kothur Mahabubnagar^- 509357.

D.Jeevitha, D/o.Chennakeshavulu Aged about 35^years, Occ Govt. Employee Rl/o.H.No.3-37, Madhavanipalli Village Amrabad Mandal, Nagarkurnool District.

B. Dasharadhi Vijayalaxmi, D/o.Chennakeshavulu Aged about 23^years, Occ^. Govt. Teachei - Rl/o.H.No.3-37, Madhavanipalli Village Amrabad Mandal, Nagarkumool District.

...RESPONDENTS

Petition under Article 226 of lhe^Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit^filed therewith, the High Court^{may be} pleased to issue an appropriate Writ, Order or Direction, more^particularly oneⁱⁿ the nature of Writ of Mandamus, 6""16ring the action of the^{3rd Respondentin}

failing to accord any opportunity of hearing and notice for conducting the enquiry as per the directions issued in w.p No.1'roo of 2025, dt.1o.o1 .2025 and proceeding to issue the fresh family rnsrnber certificate in favour of Respondent No.5 to 8 without notice to the petitioner as illegal, arbitrary and unconstitutionar and consequenfly direct the Respondent Nos.2 to 4 to accord opportunity of hearing before proceeding further in conducting enquiry for grant of fresh famiry member certificate by following due process of law.

lA NO: 1 OF 2025

Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 4th respondent to issue notice and accord opportunity of hearing in the proposed enquiry to be conducted by him pursuant to the orders passed in w.P.No.'1 10o ot 2025, dr.1o.o1 .202s, pending disposar of the above writ petition.

Counsel for the Peritioner: SRI AMARAGANI MALSOOR

Counsel for the Respondent No..l to 4: AGp FOR REVENUE

The Court made the following: ORDER

,{

HON'BLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PETI TION No.54O O of 2025

ORDER:

This Writ Petition is filed under Article 226 of ttre Constitution of India, seeking the following relief:

"...to issue arr appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent No.3 in failing to accord aly opportunity of hearing and notice for conducting the enquiry as per the directions issued in W.p. No. 1i00 of 2025, dated LO.O1.2O2S and proceeding to issue the fresh family member certificate in favour of respondent Nos.S to g without notice to the petitioner as illegal, arbitrar5r and unconstitutiona.l and consequently direct respondent Nos.2 to 4 to accord opportunity of hearing before proceeding further in conducting enquiry for grant of fresh family mernber certificate by following due process of law and to pass..."

Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

It is stated that the petitioner is the second wife of late Chennakeshavulu and she made arr application for issuance of Family Member Certificate to enable her to receive death benefits of late Chennakeshavulu. It is further stated by Q" petitioner that the first wife and her bt \

I

children have suppressed the fact of second marriage with the petitioner, ciaiming them alone as legal heirs of late Chennakeshavulu, filed an application seeking for issuance of Family Member Certificate. When respondent No.3 has not issued the said certif,rcate having come to know that the lirst wife was already died on the date of making an application and suppressing the fact of second marriage of the deceased with the petitioner, respondent Nos.S to 8 herein have filed W.P.No.1100 ol 2025 on the Iile of this Court and this Court on IO.OI .2025, directed the respondents therein to issue fresh Family Member Certificate, after examining the 1n applications submitted by the petitioners therein, view of cancellation of Family Member Certificate uide proceedings No. D / 1 038/ 2024, dated 25. LO.2024.

"4. [n view of the above submissions and since it is stated that respondent No.3 has already considered the case of the pctitioners ald cancelled the Pamily Member Certificate No. FAMCO223O13429|7, dated O9.08.2O23 vide Proceedings No.D/ 1038/2024, dated 25.1O.2024, this Court deerns it appropriate to dispose of this writ petition directing respondent No.4 to examine the applications, dated 16.12.2024 and 03.01.2025 submitted by the petitioners and after conducting an enquiry as per G.O.Ms.No.237, Rcvenue (Services-ll) Department, dated 3O.06.20 15 and

G.O.Ms.No.145, Revenue (Ser.ll) Department, dated 25.04.2015, issue fresh Family Member Certificate in favour of the petitioners within a period of four (04) weeks from the date of receipt of a copy of this order."

Since it is now stated that the petitioner is also having right on the death benelits of late Chennakesha!,ulu, as she is alone the surviving wife of late Chennakeshavulu, she approached respondent No.3 seeking for issuance of Family Member Certificate.

Learned Assistant Government Pleader for Reveriue

has not disputed the said facts of passing an order by this Court in W.P.No.1lOO of 2025, dated 10.01.2025.

In view of the above submissions, this Court is of the opinion that the ends of justice would be met if respondent No.3 is directed to issue notice to the petitioner while conducting enquiry in pursuance to the orders passed by this Court in W.P.No.110O of 2025 and in terms of Memo issued by the Government uide No.31346/Ser.Il.2/2OlO-Revenue Department, dated 25.lO.2OlO and after considering the objections ol both the petitioner herein and the petitioners in W.P.No.11O0

of 2025 and^{pass an appropriate reasoned orderand} communicate the^{said reasons to the petitioner as well} as respondent^{Nos.S to 8 herein, in accordance with law'}

With the^{above obseryations,the writ petition is} disposed of.^{No costs.}

As a sequel,^{the miscellaneous petitions pending'}

if any, shall^{stand closed'}

SD/.T.^TIRUMALADEVI TANI REGISTRAR ,TRUE^COPY// SECTION^OFFICER

To, 't. The Principal Secretary'^{Revenue Department'Secretariat' Hyderabad' State} of Telangana

2 The District^{Collector, Nagarkumool District'}

3 The Revenue^{Divisional Officer' Achampet Revenue DivisionNagarkumool} District

The^{Tahsildar, Amrabad Mandal Nagarkurnool District'}

One^{CC to SRI AMARAGANI MALSOOR' Advocate [OPUC]}

6 Two ccs^{to Gp FOR REVENUE, High court for the state of rerangana at} HYderabad [OUTI

Two^{CD CoPies}

BSR

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CG TODAY

HIGH COURT

DATED: 2410212025

ORDER

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WP.No.5400 of 2025

DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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