Vubbapally Parvathi v. '1 . The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd Respondent in proposing to issue the Family Members Certificate in favour of the 3rd respondent pursuant to the application dt. 6-1-2025 bearing Application No. FAMP022401661417 with regard to the death of Vubbapally Nageswara Rao, though she was already divorced with Late Nageswara Rao vide Lok Adalat Award passed in O.RNo. 59 of 2003 dt. 18-8-2003 on the file of th Lok Adalat, Miryalaguda, inspite of the written representation dt. 6-1-2025 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2rici respondent to reject the application of the 3rd respondent and to issue the Family Members Certificate to the petitioner pursuant to her application made through online dt. 3- 1-2025 bearing Application No. FAMC 022501607592. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No 2 herein not to issue the Family Members Certificate to the 3rd respondent pursuant to her application dt. 6-'1-2C)25 bearing Application No. FAIMP022 401661417 , pending disposal of the Writ P€)tition, justice. in the interest of Counsel for the Petitioner :SRl PONAMPELLI RAVI Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BTIASKAR REDDY U/RIT PETITION No.22O8 of2o25 ORDER This Writ Petition is iiled praying this Court lo declare the action of respondent No.2 in proposing to issue the Family Member Certificate in favour of respondent No'3 pursuant to the application datecl 06.01.2025 with regard to the death oI Vubbapally Nageswara Rao, in spite of the representation made by the petitioner as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the mother and respondent No.3 is the wife of Vubbapaily Nageswara Rao (hereinalter referred to as "the deceased"), who expired in the year, 2003. lt is further stated that even before the death of the deceased, respondent No'3 had instituted O.P.No.59 of 2003 seeking for dissolution of her marriage with the son of the petitioner and the said O.P. has been settled belbre the Lok Adalath, uide award, dated 18 08 2023 The grievance of the petitioner is that in terms of the said Lok Adalat Award, respondent No.3 is not having any right or entitlement of propertv rights of the deceased as she has re-married and suppressing the said fact, she made an application, dated

06.Ol.2@4 seeking for issuance of Family Member Certillcate' I 2 ?l CVBR, J Wp 220E 2025

3. Consicicred the submissions of the learned counsel 1br the petitroner; Sri L.Ravindcr, learned Assistant Governmerrt pleader for Revcnue appearing for respondenL Nos.1 anc 2 and rvith their consent, thrs rvrit petltion is disposed of at the admrssion stage. In view of the nat.urc of rclief sought for in this writ pctition. issuance ol notice ro the unofficial respondent is dispensed rvith.

4. Learncd Assistant Government pleader lor Revenue has vehemcntlv contended that as per G.O.Ms.No.145i, Revenrre (Ser.II) Department, dzrted 25.04.2O15 and G.O.Ms.lrlo.237. Revenue (Services II) Dcpartment, dated 30.06.20i5, the petitioner and respondent No.3 are entitled for issuance of Family Members Ccrtificate onlt- for the purpose of receiving variotrs rncentives and bcnefits san,:tioned b_v tl-re Government. Lcarned Assistant Governmen t Ple ader further submits that if Family Member Ccrtificate is :ssucd either in lavour of the petitio,er or respondent No.3, thc same cannot be rclied upon for transfer of the properties or claimtng an\ succession rights over the propert /.

5. Be that as it mav, since the grievance of the petitionr:r is that respondent Nrt.3, suppressing the divorce grantecL in O.p.No.59 of 2023, dated 18.O8.2023, has made an application seeking issuance of Famih.Menrber Certificate and in the event of such certificate is J CVI]R, J Wp 2208 2025 issued in her favour, the petitioner being the Class_I legal heir to the cleceased would be put to great hardship as the properties of the deceased also devolve upon her. Therefore, thrs Court is of rhe opinion that the ends of justice would be met, if respon<len[ No.2 is directed to consider the s[js65lqn5 raised by the petitioner while considering the application, dated 06.01.2025 submitted by . "regpondent No.3 and if the petitioner or respondent No.3 are eligible for issuance of Family Member Certificate, pass appropriate orders strictly in terms of G.O.Ms.No.145, Revenue (Ser.lI) . Department, dated 25.O4.2Ol.S and G.O.Ms.No.237, Revenue (Services-Il) Department, dated 3O.O6.2015,. 6 With the above observations, this Writ petition is disposed of There shall be no order as to costs.

7. As a sequel, shall stand closed. the miscellaneous petitions pending, if any, ! i \ To, 1 2 J.

4. 5 //TRUE COPY// ASSI SD/.A.V.S. PRASAD T REGISTRAR c ON OFFICER #EIJIii:ir???:"Jary, Revenue Depa rtment, secreta riat, state or I3i,Iggo",.' Aswaraopet Mandat, Bhadradri Kothagudem Districr, Erstwhite One CC to SRt pONAMpELLt fffr"". to GP FoR REVENUE, High Court for the state of Tetangana. Two CD Copies. RAVI, Advocate. tOpUCI BSK LS G HIGH COURT DATED:2810112025 ( J Ht SIa 1 .(: 11 IEB AIfi l t \\:.:; Es. _.i: ,o 1T ct\ z o .}. ORDER WP.No.2208 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \b I I i i I I i ; l i {