Dimmita Krishna Prasad, v. The State Of Andhra Pradesh, Rep By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

Dimmita Krishna Prasad, S/o. Late Someswara Rao, Aged about 44 years, R/o. Door No.10-14-13/1, Akulavari Street, Mallikarjunapeta, Vijayawada, Krishna District - 520 001.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, A.P. Secretariat, Hyderabad & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether His Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

This writ petition is filed declaring the action of the second respondent in not considering the representation, dated 29.05.2015, of the petitioner with regard to the correction of the surname and parents' name of his daughter as Subhashini, who was adopted by Dokku Nancharaiah and Dokku Venkata Lakshmi in the Date of Birth Certificate issued by second respondent, dated 09.04.2014.

2. Heard the learned counsel for petitioner and Sri Nimmagadda Venkateshwarlu, learned Standing Counsel for the 2nd respondent and with their consent, the writ petition is taken up for disposal at the stage of admission.

3. Petitioner is biological father of Subhashini, who was adopted by Dokku Nancharaiah and his wife Dokku Venkata Lakshmi at the age of one year. Since then, the said adopted parents looked after all the affairs of the said girl and continued as the natural parents of Subhashini. In the Date of Birth Certificate, the parents' name of Subhashini is mentioned as Dimmita Krishna Prasad and Alivelu Manga. In all other certificates like Secondary School Certificate, Study Certificate, Transfer Certificate, Intermediate Pass Certificate-cum-Memorandum of Marks, etc., the parents' names of Subhashini were shown as Dokku Nancharaiah and Dokku Venkata Lakshmi.

The petitioner

submitted a representation, dated 29.05.2015, to change his daughter's surname and parents' names in her Date of Birth Certificate issued by the 2nd respondent, dated 09.04.2014. But, so far, no action is taken. Hence, this writ petition.

4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to the 2nd respondent to expeditiously dispose of the representation of the petitioner, dated 29.05.2015.

5. Having regard to the same, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the Municipal Commissioner, Machilipatnam Municipality, Machilipatnam, Krishna District (2nd respondent) to consider the representation of the petitioner, dated 29.05.2015, and pass appropriate orders, as warranted under law, within a period of four

(4) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 24th July, 2015 KL HON'BLE SRI JUSTICE P.NAVEEN RAO

Date: 24th July, 2015 KL