Badavath Suman v. The State Of Telangana

132s21

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 1786 OF 2024 Between:

'I . Badavath Suman, S/o Sukya, Age 26 years, Occup. Agriculture, R/o H.No. C199, Megya Thanda, Jayyaram, Chinnagudur Mandal, Mahabuababad District.

2. Vankudoth Ravi, S/o Thulchya, Age. 38 years, Occup. Agriculture, R/o H. No. 4-81, Chruvukornmuthanda, Shanigapuram Village, tVlahabubabad Mandal and District.

...PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, Women and Child Welfare Department, Secretariat, Hyderabad.

The District Collector/Chairman, Distnct Child Protection Unit (CPU), Mahabubabad District.

3. The Diskict Welfare Officer, Women and Child Welfare Department, Mahabubabad District.

4. The Chairperson, Child welfare Committee, Bala Raksha Bhavan, Mahabubabad District.

5. The State of Telangana, Rep. by its Principal Secretary, (Home), Secretariat, Hyderabad.

6. The Superintendent of Police, Mahabubabad.

7. The Station House Officer, Police Station Chinnagudur, Mahabubabad District - 506134.

...RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the Respondent No. 2 to 4 and 7 in interfering personal life and liberty of the petitioners by threatening the

petitioner to surrender the adopted Child by namely Vankudoth Ravi Raj Naik from the adopted parents without having Jurisdiction, without following due process of law and without given any opportunity or notice to the petitioner as illegal, arbitrary against violative of principles of natural justice Consequently to direct the Respondents No, 'l to 7 not to threatening the petitioner to surrender the adopted Child by namely Vankudoth Ravi Raj Naik from the adopted parents. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 1 to 7 not to interfere personal life and liberty of the petitioners by threatening to surrender the adopted Child by namely Vankudoth Ravi Raj Naik from the adopted parents.

Counsel for the Petitioner : SRI BODA RAKESH NAIK Counsel for Respondents No.1to4 : GP FOR WOMEN DEV CHILD WELFARE Counsel for Respondents No.Sto7 : ASST. GP FOR HOME The Court made the following: ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.1786 oF 2024 ORDER:

Heard Sri Boda Rakesh Naik, learned counsel appearing on behalf of the petitioner, learned Assistant , Goverrinent Pleader for Women Development and Child \ \ t Welfare appearing on behalf of the respondent Nos.1 to 4 and learned Assistant Government pleader for Home appearing on behalf of the respondent Nos.S to 7.

2. It as represented by the learned Assistant Government Pleader for Women Devetopment and Child Welfare appearing on behalf of the respondent Nos.1 to 5, upon instructions that the child is in custody of the petitioners as on date and the respondents are not interfering with the personal life and liberty of the petitioners to surrender the adopted child by name Vankudoth Ravi Raj Naik from the adopted parents. 3.

Bringing the said submissions of the learned Assistant Government pleader for Women Development

) and Child Welfare appearing on behalf of the respondent Nos.1 to 4 on record, this Writ Petition is closed. However there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

t SD/. K. AMMAJI ASSISTANT( REGISTRAR I //TRUE COPY// / secf6ru oFFlcER To,

1. One CC to SRI BODA RAKESH NAIK, Advocate' [OPUC]

2. Two CCs to GP FOR WOMEN DEV CHILD WELFARE' High Court for the State of Telangana. [OUT]

3. Two CCs to GP FoR HoME, High Court for the State of Telangana. [oUT]

4. Two CD Copies.

BSK LS cHe

HIGH COURT DATED:2411012024 1gt ST4, ti 1Z 0iil Zllt (, I p t\a.

ORDIER WP.No.1786 of 2024 CLOSING THE WRIT PETITION WITHOUT COSTS ffi*