The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of lVlandamus or any other appropriate Writ, order or drrection. a) To declare the action of the 3rd Respondent, the Tahsildar cum Joint Sub Registrar, Kulcharam Mandal, Medak District, in attempting to issue or having issued a Family Members Certificate in favour of Respondent No.4, Smt. Samala Shobana, pertaining to the legal heirs of Iate Shri Samala Subash, without conducting a proper enquiry, without issuing notice to the legitimate family members including the Petitioner, and without obtaining their consent, as illegal, arbitrary, unjust, unconstitutional, and violative of principles of natural .justice. b) Consequently, to set aside/quash Family Members Certificate, No. B.148412025 dated 30-06-2025 issued by Tahsildhar office - Kulcharam, in favour of Respondent No.4, Samala Shobana, concerning the legal heirs of late Samala Subash. c) To direct the 3rd Respondent, the Tahsildar cum Joint Sub Registrar, ':.},fr ETP i I I i t I I I i 'l Kulcharam Mandal, Nledak District, not to issue any Family Members certificate in favour of Respcndent No.4, Samala Shobana, concerring the legal heirs of late Samala Subash, without conducting a thorough er quiry. issuing proper notice to all legitirnate heirs, and stric y considering th r rr ob;ections and the detailed factual mairix presented by the petitioner. lA NO: 1 OF 2025 Petition undt:r Section 151 cPC praying that in thr.: r. rcumstances stated in the affidavit filed in support of the petition, the High Cr_:1. may be pleased to direct the respond 3nts to consider the petitioner represi), tation dated 04-06- 2025, objecting of issuance of family members certificat.r to shobana without knowledge and consent of the petrtioner herein. Counsel for the Pet:itioner: SRl. M. pHANINDRA BHARGAV Counsel for the Re:;pondent Nos. .lto3: AGp FOR REVENL,E Counsel for the Respondent No.4:-- The Court made thr: following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2O726 of 2025 ORDER Heard Sri M.Phar-rincllzr Bhargav, lcamed counsel for thc petitioncr and lcarned Assistant Government Plcader for Revenue

2. The petitioner i-s thc mother and the 4rr, rcspondent is the rvif e of kitc Sarnala Subash, re spcctively

3. According to the pctitioncr, there v,/erc matrirnonierl clisputcs lte.tu,r:cn thc 4rlr respondent ancl son of the petitior-rcr i.e., late Samaia Subash. The 4rr, respondent has filed ar-r application under Section 12 of thc Domestic Violencc Act and same was disposed off. Thus, she never stayed '"r,ith the sor-r of the petitioner. The 4tt1 respondent has also lodged complaint against her husltand for the offences under Sections 498-A and 506 of IPC r/w Section 34 of IPC. After completion of the invcstigatior-r, the Investigating .,/ I(L,J ri,,.ltri':16 oI J025 2 Officcr lzticl charge sheet against th(, roll ol the petitionel- and othcrs, which was tzlk( 'r ot-L file ars C.C.No.25,0 ol' 20I0 and thc s:tm(' \\ r olr(lccl in ircquittal virlc judgrlcnt clatccl 05.01.2Oi' P:rssect by thc Jucticral Magistratc o[ Irilst C]ass, Mc', l;r<

4. The son of thc pctitioncr, i.c., l:rtt: Srr rrlir Sr-tLrash died on 26 08.2024 ancl thal hc ursr:r I u,o rk it-t Par-rchayat RaJ Dep:rrtmcrrL. '['hcr'<:aIt,'r. lhc zfth respondctrL submiLted .1n irl)plic:rtior) r) llic 3,d respondelrt \\,itl'r a re(lLlcst to issur: lar r: h. mcmber certificatc. W]rcn t]re sialnc \\'irs noI oor :,irlr:rcc.l. s]re has filed W.l).No.868 of 2O?5. 'I'lris Cor rrid<'or<ler dated 09.01 .2025, disl;osccl o[' thc sirirl \r'r'it ])ctition directing thc Jt(l rcsponclent 1o consid<'r tirl application submitted by t1'r c {rlt rcspolldcn t sc( l\ nq Farnily Mcmbcr (lertificatc. L'r comltliancc o1' t1r,' sai<l ordcr, the 4tl' rcsponderrt hers issucd [.'ar l r11, Me mbcr Certificate on 30.06.2025 -,;:$ffi

1." ' // ,/' i I I I I fl! ]l t t I ! i I I , ; IiL,J U/ P No 20726 of 2025 '1

5. It is the further contention ol the learned counsel for the petitioner herein that basing on the said Family Member Certificate dateci 30.06.2025, the 4Lt) respondent IS trying to get employment compassionate grounds and also the deaLh benefits of her son. Thus, R4 is trlurg to deprive the right of the petitioner. Therefore, thc petitioner got issued legal notice dated 04.06.2025 to the 3'd respondent Despite recciving said legai notice, the 3'd respondent did not act upon the same. .Aggrieved by the inaction of the 3'd respondent, pctitioner fiied the present writ petrtron.

6. In the legal notice dated 04.06.2025, the petitioner sought an enquiry from 3'd respondent and not to issue Family Member Certihcate to the 4th respondent 7 I Inl the present Writ Petition, the petitioner 1S seeking to set aside tramily Member Certificate IiL,J \o 2 O7-26 of2025 \ l \ No.Bl4Ba/2025, dated 30.06.2025 issui<l b\. the 3.a respondeltt. If the petitioner is aggrievccl iry 1.lre sarid Famiiy M,:mber Certilicate dated 30.06.1)r) 15, s[e has to take s'-eps in accordance u,ith lau.. 'l-lt rrciore. the requcst made by the petitior-rcr in the leg:r I rrotic:c clated

04.06.2025 and prayer in the present wl r outition arre contradictoqr. In the light of the s:rmc sl-rr: is not entitled for any rclicf much less the rclicl ..;ouglrt lor in the present writ pctition. She has to t:r stc'ps ar-rd challenge the Family- Member Certr Ii atc datecl

30.06.2025 issued by the 3..1 respondent in rcc<trdarce with law. B. In the light of the aforesaid discussion. tl-ris Writ Petition is disposed of granting liberty to r r,. 1tt:titionet. to take steps, challenging the Fanr 1,. Member Certificate dated 30.06.2025 issued ir,.t[-re 3.d respondent. I i a i ! I t 1 i I i i I KL,.J \tr. P. No.20726 of 2O25 ) As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. t I ?fl-fJ#'I?[EE S //TRUE COPY// ECTION OFFICER The Principal Secretary' Revenue Department' Secretariat' Hyderabad' i;S[f+.?i;tl't.rxl*f *'JH:;:",1';3i"i?ikY,""i3:''],f; 'ff"f B?f'l3l: The Tahsildar cum Jolrlr' oL ii,€3.\}3.iy"'-H)uR[t'#ff""A*a:l'::ti't3:'"?angana l?l-Jo BM PVL "oo'". To, 1

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6. \ HIGH COUR]- DATED:1810',712025 I ."1''^ \ \t .'.1^ \ ,.., \. ORDER i I \ 2{ ti' \i\ '.\ ffi ;,) .1, l! ...,,/ -!.r' WP.No.20726 of 2025 ;,r- DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7 //9 q.//o//r I