Telangana High Court
WP/28116/2024 of Sangaiah Chary Vs The State of Telangana on 31 December 2024
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRry FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 28116 OF 2024 Between: .salggia.n chary, s/o Venkaiah, Aged about 4z yeat, occ: Gord
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRry FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 28116 OF 2024
Between:
.salggia.n [chary, s/o ][Venkaiah, ][Aged ][about ][4z yeat, ]occ: Gord smith, Rl/o.H.No.16-3, Shivalaya Residency Mandal NSrsapur, Telangana_ iOZSIS
...PETITIONER
AND
1. The State of rerangana, Rep. by its principar secretary, women Deveropmentrerangana, Rep. by its principar secretary, women Deveropmentand Chitd Wetfare bepahmCnt, SecreiJiia[ nioiraoao.
2. The child welfare Project Director, women, children, Disabled senior citizenWelfare Department, Medak District.Welfare Department, Medak District.
3. The lntegrated chird. [protection ]services (rcps), sishuvihar, state Home,Ameerpet, HyderabadAmeerpet, Hyderabad4 I!1^9:_Ilft-fooptiol, Resource ASglgv, West Btock-8, wins_2, First Ftoor,Hamakflshnapuram, New Delhi_.l 10 066-Hamakflshnapuram, New Delhi_.l 10 066-
...RESPONDENTS
Petition under Article 226 ot the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may bepleased to issue a order or direction more particularly one in the nature of writ ofMandamus, declare the act of respondent No.2, in calling petitioner, to have overthe custody of child, that is Hari priya, to respondent No.2, by Sth of October2024, as of illegeil, uncailed and in contravention of Hindu adoption andMaintenance 1969 and section 57 of Juvenile Justice act, consequentially, directthe respondent No.2, forbear, taking custody of child, that is Hari priya and handover to the respondent No.3.
YlA NO: 1 OF 2024
lA NO: 1 OF 2024
Petition under section 151 cpc praying that in the circumstances statedin the affidavit fired in support of the petition, the High court may be preased todirect the respondent No.2, not to call the petitioner, to hand over the child, HariPriya.
lA NO: 2 oF 2024
' Petition under section 151 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the respondent No 2 to hand over the custody of chird Namery Hari priya tothe petitioner.the petitioner.
lANO:3OF 2024
Petition under section i51 cpc praying that in the circumstances statedin the affidavit fired in support of the petition, the High court may be preased todirect the respondent No.2 to hand over the custody of chird Namery Hari priya,to Petitioner, on his Undertaking, to get register, through the Central AdoptionResource Agency, west Block-g, wing_2, First Floor, Ramakrishnapuram, NewDelhi-1 10066.
IANO:4O F 2024
Petition under Section 151 cpc praying that in the circumstances statedin the affidavit fired in support of the petition, the High court may be preased todirect the respondent No.2 to hand over the custody of chird Namery Hari priya,to me, on My Undertaking, to get register, through the Central AdoptionResource Agency, west Block-g, wing-2, First Floor, Ramakrishnapuram, NewDethi-1 10066.
Counsel for the Petitioner: SRI M. RATHAN SINGH
counset for the Respondents No.i to 3: Gp FoR woMEN DEVELOPMENT AND
CHILD WELFARE
Counsel for the Respondent No.4: -The Court made the following: ORDERThe Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI [NANDA]
WRIT PETITION No.28 Ll6 of 2024
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ORDER:
Heard Sri M. Ratan Singh, [learned ][counsel]appearing on behalf of the [petitioner ][and ][learned]Government Pleader for Women [Development and ][Child]Welfare, appearing on behalf of respondent [Nos'1 ][to ][3.]
2. The petitioner approached the [Court ][seeking]prayer as follows:
"...to issue a order or direction more [particularly ][one]in the nature of Writ oF Mandamus, [declare ][the ][act ][of]respondent No.2, in calling [Petitioner, ][to ][have ][over]the custody of child, that is Hari [Priya, ][to ][respondent]No.2, by 5th of October 2024, [as ]of [illegal, ][uncalled]and in contravention of Hindu [adoption ][and]Maintenance 1969 and section 57 of [Juvenile ][lustice]act, consequentially, direct the [respondent ][No.2,]forbear, taking custody of child, that [is ][Hari ][Priya ][and]hand over to the respondent [No.3 ]and [pass ][such]other order or orders as [deem ][fit ][and proper ][in ][the]interest of Justice. "
3. Learned counsel appearing on behalf of [the ][petitioner]submits that he is not [insisting ][for the ][prayer ][as ][sought ][for ][by]the [petitioner ]in the [present ]writ [petition ][No.28116 ][of ][2024,]
however, since the petitioner filed I.A.No.4 of 2024 in thepresent W.P.No.28116 of 2024 seeking passing of appropriateorders, in accordance to law on the application dated22.L1.2024 filed by the petitioner before respondent No.4seeking adoption of child/children within a reasonable period,the same may be ordered as prayed for.the same may be ordered as prayed for.
4. Learned Government [pleader ]for Women Developmentand Child Welfare, appearing on behalf of respondent Nos.1 to3 placing reliance on the Division Bench judgment dated28.LL.2024 passed in W.A.No.1193, tzlg of 2024 and batchand in particular paragraph No.26 of the said judgmentcontends that the writ petition could be disposed of directingrespondent No.4 to pass appropriate orders on the petitioner,sapplication dated 22.1t.2024 made to respondent No.4 hereinseeking adoption of child/children. para No.26 of theDivtsion Be ch iudqment dated 28.11.20 24 oassed inw.A. Nos.1193L22A2O24 and batcis extr ctedhereu nd er: - "26. However, it is necessary to issue thefollowing directions:
(1). The Committee shall pass an orderin terms of Section 37 of the 2015 Act withina period of two weeks from the date of receiptof copy of the order passed today.
I
It
C
(2). Some of the adoDtiDa rentsfiledonkinadoption of the children. The competenta utho r tv is direto deci e theaoolication seekinq adootion within aperiod of four weeks from the date ofrecerDt of coov of order Dastodav.(3). Needless to state that the custodyof the children shall be subject to outcome ofthe aforesaid d irections.
5. Taking into consideration the said submissionmade by both the learned counsel on record, and dulyconsidering specific directions issued by Division Benchof this Court vide its judgment dated 2a.LL.2O24passed in W.A.Nos.1193, L228 al 2024 and batch, thewrit petition is disposed of directing respondent No.4 toconsider the petitioner's application dated 22.L1.2O24seeking adoption of child/children, in accordance tolaw within a period of four (4) weeks from the date ofreceapt of a copy of this order and duly communicatethe decision to the petitioner. However, there shall beno order as to costs.
Miscellaneous petitions, if any,Iclosed.Iclosed.
pending shall stand
SD/.MOHD. ISMAILASSISTANT REGlSTRARSECTION OFFICER
//TRUE COPY//
To,
1. State The Principar of Telangana, Sdcretariat, secretarv, women.Deveropment and Hydeia-fid. ['- ][-]chird werfare Department,2 The child werfare proiect Director, women, chirdren, Disabred senior citizen2 The child werfare proiect Director, women, chirdren, Disabred senior citizenWelfare Department, MeOal Ols-trlit.
3' The lntegrated chird protection services (rcps), sishuvihar, state Home,(rcps), sishuvihar, state Home,Ameerpel, Hyderabad
4. The Central Adootion Repr1.r9q .{gencV, West Block_8, wing-2, First Floor,Repr1.r9q .{gencV, West Block_8, wing-2, First Floor,Ramakrishnapura'm, New Oefnif f O"OOb-.'
5. One CC to SRt M. RATHAN SINGH, Advocate tOpUCI
6. Two CCs to Gp for Womer Developm_ent and Child Weffare, High Court forthe State of Tetangana at Hyderabai iOUl [- ][-"']the State of Tetangana at Hyderabai iOUl [- ][-"']
7. Two CD Copies
MPBS s
L,
69q'4ryff
HIGH COURT
DATED:31 112120241HatfA r€(co2 7 ,llt,i2025{='t t)€ tTcF-t)
ORDER
WP.No.28116 of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS