THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.40364 OF 2017

ORDER:

1. This writ petition is filed challenging the Proceedings No.J/705/2017, dated 28.10.2017, whereby the respondent No.2/Revenue Divisional Officer, Utnoor Division, Adilabad District cancelled the Family Member Certificate No.FAMC No.021600234468 dated 02.09.2016 issued by the respondent No.3/Tahsildar, Utnoor, which was issued in favour of the petitioners, as arbitrary and illegal and sought to set aside the same.

2. Heard Sri Krishna Kishore Kovvuri, learned Counsel for the petitioners, Mrs. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the official respondents and Sri N.Vasudev Reddy, learned Counsel for the unofficial respondents No.4 and 5.

3. The learned Counsel for the petitioners would submit that the husband of the petitioner No.1 namely Mohd.

Akram Ali Khan died on 13.07.2016. The petitioner No.1 and her sons have applied for issuance of Family Members Certificate and after enquiry the respondent No.3 issued Family Members Certificate on 02.09.2016 in favour of petitioner No.1 and her five sons. Thereafter, the respondent Nos.4 and 5, have filed a complaint before the respondent Nos.2 and 3 stating that they are also family along with petitioners, being the daughters of Late Mohd.Akram Ali Khan. Upon which the respondent No.2 issued notices to the petitioners directing them to be attend before him on 25.07.2017, on which date the petitioner No.1 could not attend before the respondent No.2 in view of her illness. Thereafter, without affording any opportunity to the petitioners, the respondent No.2 issued impugned proceedings No.J/705/2017 dated 28.10.2017 cancelling the Family Members Certificate issued by the respondent No.3. Being aggrieved by the same the present writ petition is filed.

4. The learned Counsel for the petitioners would submit that the respondent No.2, without any jurisdiction, travelled beyond the scope of subject of matter stating that the petitioners are not willing to give away the fair shares of the property to the respondent No.4 and 5 in respect of the property owned by late Mohd.Akram Ali Khan and the approach of the respondent No.2 may cause serious prejudice to the rights of the respective parties and requested to set aside the impugned orders passed by the respondent No.2 and restore the family members certificate issued by the respondent No.3.

5. The learned Counsel for the unofficial respondents Nos.4 and 5, basing on the counter would submit that the father of the respondent No.4 and 5 Mohd.Akram Ali khan died on 13.07.2016 leaving behind him the wife, five sons and five daughters. After death of their father, the petitioners with a mala fide intention, without revealing the names of five daughters, obtained Family Members Certificate dated 02.09.2016, in favour of the petitioner No.1 and her five sons. On knowing the said fact, the respondent Nos.4 and 5 gave a complaint before the Respondent No.2, who in turn after conducting due enquiry and after giving opportunity of being heard, cancelled the Family Members Certificate issued in favour of the petitioners and there are no merits in the writ petition and requested to dismiss the writ petition.

6. After hearing both sides and on perusing the record, admittedly the Family Members certificate was obtained by the petitioners after death of Mohd.Akram Ali Khan, who died on 13.07.2016. On knowing the said fact, the respondent Nos.4 and 5, who are the daughters of the said Mohd.Akram Ali Khan, complained to the respondent No.2 stating that the petitioners have obtained family Members certificate without adding their names. The respondent No.2 after conducting enquiry passed impugned order cancelling the Family Members Certificate granted by the respondent No.3 in favour of the petitioners on the ground that without adding the names of five daughters of Mohd.Akram Ali Khan and directed the respondent No.3 to issue fresh family Members certific