Smt.Dasharadhi Rama v. 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, 6""16ring the action of the 3rd Respondent in 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..."

2. 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.

3. 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 \ ,{ 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 applications submitted by the petitioners therein, 1n 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."

4. 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.

5. 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.

6. 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 order and communicate the said reasons to the petitioner as well as respondent Nos.S to 8 herein, in accordance with law'

7. With the above obseryations, the writ petition is disposed of. No costs. As a sequel, the miscellaneous petitions pending' if any, shall stand closed' ,TRUE COPY// SD/.T. TIRUMALA DEVI TANI REGISTRAR SECTION OFFICER To, 't. The Principal Secretary' Revenue Department' Secretariat' Hyderabad' State of Telangana 2 The District Collector, Nagarkumool District' The Revenue Divisional Officer' Achampet Revenue Division Nagarkumool 3 District

4. The Tahsildar, Amrabad Mandal Nagarkurnool District' 5. 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

7. Two CD CoPies w BSR BS HIGH COURT DATED: 2410212025 CG TODAY I ORDER WP.No.5400 of 2025 k q ) tjI E SIA r€ 1S. 2 7 r[a ?s6 a DEsp,;' ,-11 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1o oPw Yr i+ut,.