Telangana High Court
Roja Rani Iza v. The State of Telangana
WP/19723/2026
- Decision date
- 2026-06-23
- Text availability
- Full text
- Judges
- Surepalli Nanda
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENW SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NOs: 19723 & 19573 of 2026 WRIT PETITION NO: 19723 OF 2026 Between: Smt. Roja Rani lza, Dlo. IZA Pushpa Raju Aged 29 yearc, Occupation Senior Software Engineer, R/o H.No.3-100/3, Plot No.34, Sai Balaji Nagar, Yenkepally Panchayat, Moinabad, Ranga Reddy District, Telangana. ...PETITIONER AND 1. The State of Telangana, Rep by its Prl Secretary, Women Development and Child Welfare Department, Telangana. 2. The Chairperson Child Welfare Committee, CWC Located at H.No.8-3-222, Vengal Rao Nagar, Ameerpet, Hyderabad. 3. The Station House Officer, SHO Moinabad Police Station, Future City, Ranga Reddy District. 4. Sri Bathula Veera Manikanta Ravi Kumar @ Bathula Ravi Kumar, S/o Bathula Ram Prasad Rao, Aged 30 years, Occupation Gym Trainer, F/o. House No.3-100/3, Plot No.34, Sai Balaji Nagar, Moinabad, Ranga Reddy District. ...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 an order or direction more particularly in the nature of Writ of Mandamus Hon'ble Court may be pleased to issue an order or direction more particularly in the nature of Writ of Mandamus declare the action of respondent No.2 by illegally taking custody of Minor Child Master Bathula Kairav, aged about 4 lz years, LKG from the petitioner who is the natural guardian and handing over the child to the respondent No.2 without any lawful authority and inspite of petitioner's representation for not releasing the child of the petitioner from the custody of 2nd respondent is illegal and arbitrary vrithout jurisdiction and consequent direction to direct the respondent No.2 to consider the representation dated 20-06-2026 release and handover the custody the petitioner's Child Master Bathula Kairav aged about 4 1./z \Ears LKG to the petitioner who is the natural guardian with immediate effect for the welfare of the child. l.A. NO: 'l OF 2026
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 oleased to direct the respondent No2 to consider the petitioner's representation release and handover the custody the petitioner's child Master Bathula Kairav aged about 4 % years, LKG to the petitioner who is the natural guardian with irnmediate effect for the welfare of the child pending disposal of writ petition. Counsel for the Petitioner: SRI GANDyADAPU RAJESHAM Counsel for the Respondent No.1 & 2: Gp FOR WOMEN DEV CHILD WELFARE Counsel for the Respondent No.3: SRI SRIDHAR BHUVANAGtRI, AGP FOR HOME WRIT PETITION NO:19s73OF2026 Between: sRl BATHULA VEERA MANTKANTA RAV| KUMAR, S/o Bathuta Ram prasad Rao, aged about 39 years, Occ Fitness lnstructor, pJo. H.No,3_100134, plot No.34, Sai Balaji Nagar, under Yenkepalli panchayat, Moinabad, Ranga Reddy District, Telangana. AND ...PET|T|ONER principar 1 The state of relangana, Rep by its secretary, women Deveropment and Child Welfare Department, Secretariat, Hyderabad. 2. The Director, women Deveropment and chird werfare Department, Located at H.No.8-3-222,Vengal Rao Nagar, Ameerpet, Hyderabad. 3. The lntegrated child Protection Services lcpS, Shishuvihar State Home, Located at H.No.8-3-222, Vengal Rao Nagar, Ameerpet, Hyderabad. 4. The Commissioner of Police, Cyberabad Future City, Ranga Rbddy District.
5. The Station House Officer, Moinabad Police Station, Moinabad, Ranga Reddy District. 6. Smt Roja Rani lza,Wlo Bathula Veera Manikanta Ravi Kumar, aged about 29 years, Occ Software Engineer, Rl/o Amrutha Womens Hostel, Near Tech Mahindra, Madhapur, Near KPHB Colony, Serlingampdlly, Medchal-Malkajgiri District. The Respondent No.6 is formally rnade as a party to this writ petition ...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 orders more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent No.5 in forcefully and illegally taking custody of the minor child Master Bathula Kairav from the Petitioner and handing over the child to the Respondents No.2 AND 3 without any lawful authority as illegal arbitrary violative of the principles of natural justice violative of Arlicle 14 of the Constitution of lndia and consequently direct the Respondents No.2 AND 3 to immediately release and handover the minor child Master Bathula Kairav to the Petitioner. l.A. NO: 1OF 2026
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 Respondents No.2 & 3 to immediately release and handover the minor child Master Bathula Kairav to the Petitioner pending disposal of this writ petition. Counsel for the Petitioner: Ms. CHALASANI DEEPTHI Counsel for the Respondent No.1 & 2: GP FOR WOMEN DEV CHILD WELFARE Counsel for the Respondent No.3 to 5: SRI SRIDHAR BHUVANAGIRI, AGP FOR HOME The Court made the following: COMMON ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE MRS. JUSTICE SUREPALLI NANDA W,P.Nos.19723 & 19573 0F 2026 DATED : 23.06.2026 zW.P.No.197 23 ot 2(J26 Between: Smt. Roja Rani Iza ... Petitioner AND The State ofTelangana, Rep. by its Principal Secretary, Women Development & Child Welfare Department, Hyderabad & 3 others Respondents zW.P.No,19573 ot 2O26 Between; Sri Bathula Veera Manikanta Ravi Kumar ... Petitioner AND The State ofTelangana, Rep. by its Principal Secretary, Women Development & Child Welfare Department, Hyderabad & 5 others ... Respondents coM MON ORDER: 2 SN,J W.P.No.19723 & t9571 of 2026 Heard Sri G.Rajesham, learned counsel appearing on behalf of the petitioner in W.P.No.19723 of 2O26 and Ms.
Chalasani Deepthi, learned counsel appearing on behalf of the petitioner in W.P.No.19573 of 2026, learned Government Pleader for Women Development and Child Welfare, appearing on behalf of Respondent Nos. 1 and 2 Sriin W.P.No.19723 and W.P.No.19573 ol 2026 and Sridhar Bhuvanagiri, learned Assistant Government inPleader appearing on behalf of Respondent No.3 inW.P.No.19723 of 2026 and Respondent Nos. 3 to 5 W.P.No.19573 of 2O26. 2 The oeti roner in W.P.No. 9723 of 2026 ao roached this Court seekinq the oraver as under: "...to issue an appropriate writ, order or direction. more particularly one in the nature of Writ of Mandamus declare the Minor action of respondent No.2 by illegally taking custody of Child Master Bathula Kairav, aged about 4 1/z years (LKG) from the petitioner who is the natural guardian and handing over the child to the respondent No.2 without any lawful authority and in-spite of petitioner's representation for not releasing the child of the petitioner from the custody of 2nd respondent is illegal and arbitrary without jurisdiction and consequent direction to direct representation dated the respondent No.2 to consider the 20.06.2026, release and handover the custody of the 3 SN.J w.P.No l9:2: & 19573 of2026 petitioner's Child Master Bathula Kairav, aged abolrt 41/z years with (LKG) to the petitioner who is the natural guardian immediate effect for the welfare of the child and pass .."
3 The o itioner in W .P.No .19573 2026 aoo ached u nder:this Court seekinq the oraver as "...to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of respondent No.5 in forcefully and illegally taking custody of the minor child, Master Bathula Kairav from the petitioner and handing over the child to the Respondents No.2 & 3 without any lawful authority as illegal, arbitrarv, violative of the principles of natural justice, violative of Article 14 of the Constitution of India and consequently, direct the R.espondents 2 child, and 3 to immediately release and handover the minor pass Master Bathula Kairav to the petitioner and be pleased to any other order..." iha lrali+i^ lrriaf rc er ilra r in4 Tlro cAse of e etitione t m davit file su pDort of the W.P.No,1 723 of 2026, is s under: 4th The marriage between the petitioner and the respondent herein was solemnized on L4.06.2020 at Moinabad, as per Hindu rites and customs and out of their h'edlock/ they onwere blessed with a child, Master Bathula Kairav, born 29.09.2027 who is currently 4 years and 8 months old' The 4 SN,J W.P.No.19723 & 19573 012026
petitioner purchased an open Plot No'34 admealuring 284 Sq' Yds situated at Yenkapally Village, Moinabad with the petitioner's hard earned money and loan and constructed a duplex house' It is further the case of the petitioner that petitioner is the natural mother of petitioner's minor child Master Bathula Kairav born out of her wedlock with the 4th respondent herein. The the petitioner out of petitioner's respondent No.4 dispossessed own house and denied access to the petitioner's minor child' Due to continuous harassment of the 4th respondent and his parents' the petitloner gave a complalnt before the Respondent No'3 and the police after enquiry, registered a crime for the offence under 4 of the Dowry Section 85 r/w 3(5) BNS, 2023 and Section the police Prohibition Act. Consequently, after inveStigation, filed a charge sheet against the respondent No'4' When the t e petitioner went to take the c hild from the scho res ed ve he hil to e e h la hor r No o n a c o h h representation dated a detailed The petitioner submltted of the child' 20.06.2026 to the 2nd respondent seeking release 2nd respondent by the but the same was not considered 5 SN.J W.P.No 19723 & 19573 of2026 Aggrieved by the same, the petitioner filed the present writ petition 5.7 f tio ln ief th averments made in the affidavit filed bv the oetitioner in u t P o 3 o a de
The petitioner herein married the 6th respondent on t4.06.2020 as per Hindu Rites and Customs and it was a Love marriage. But it was portrayed as an arranged marriage with the consent of the elders. Out of the wedlock between the petitioner and 6th respondent a male child named Master Bathula Kairav is born on 29.09.202I. The petitioner is the natural and biological father of the child and the petitioner is taking care of the child since his birth to till as on date by providing all necessary facilities by imparting proper education, food, shelter and other curricular activities for the child growth and the minor child is staying in a happy family with grandparents. The respondent Nos.2 and 3 without any locus standi and without any lawful authority took the minor child form them on 18.06.2026 and they are not even allowing the minor child to meet the 6 SN.J w.P.No.l9723 & 1957 3 of 2026 petitioner. Aggrieved by the same, the petitioner approached this court by filing the present writ petition. PE us E RECORD DIS DCONCLUSION:- 6 Learned Government Pleader aooearin l on behalf of TheC rson mittee (CWC based e itten in db the S I P Moin Station Futur Co ainly orth the followinq su bm srons:
(i) On 18.06.2026 evening, the Administrative Officer Mr.Chandrasekhar of Sujatha School, Nagireddyguda, Moinabad, brought the petitioner's minor son and handed over the custody of the minor boy stating that the minor boy's mother who is the petitioner in W.P.No.19723 of 2026 and paternal grandmother of andthe child visited the school and quarreled with each other created nuisance in the school with regard to the custody of the minor boy. Moinabad Police Station, (ii) The Station House Officer, Future City Commissionerate, counselled them, but they did not 7 SN.J U'.P.r"o l9;li & l9i7l of2026 come to a consensus and both of them claimed custody of the minor boy. (iii) Under those circumstances, the Station House Officer, Moinabad police Station, Future City, Rang Reddy District, having no other option, referred the matter to the chird Welfare Committee, Ranga Reddy District, Madhura Nagar Metro Station, Ameerpet, Hyderabad. (iv) The Child Welfare Committee in turn directed the Shishuvihar, Near Saradhi Studio, State Home premises, Yousufguda, Hyderabad to admit the minor boy in their home and ever since 18.06.2026 the minor boy is staying at the said Home. 7. Thele arne co nsel AD eari oo nb half of he o o 7 20 ts o th fo lowinqs bmissio si (i) The Child Welfare Committee has no power or authority to take custody of the minor child Master Bathula Ka irav.
(ii) Even as per the provisions of the Juvenire Justice (Care and Protection of Children) Act, when the natural parents 8 SN,J W.P.No.19723 & 195'13 ot2026 are alive, the ofticial respondents cannot have thd custody of the minor child and the action of the child welfare committee in takingcustodyoftheminorchildMaSterBathulaKairavillegally, natural justice and also theis opposed to the principles of provisions of the Act. perusal of record indicates that the petitioner in8. A bare dated addressed a representationW.P.No.19723 of 2026 had 20.06.2026 to the Child Welfare Committee, Madhura Nagar' Ameerpet, Ranga Reddy District, seeking release of the minor child from the custody of the child welfare committee contending thattheminorchildMasterBathulaKairav,whoisa4yearold, L.K.G. student at Sujatha International School, Moinabad' needs mental a regular school attendance since the child is put to that under Section 6(A) of Hindu trauma, specifically contending Minority and Guardianship Act in the case of minor child below the age of five years the custody of the child shall ordinarily be with the mother on perusal of the record takes note of the fact 9. This Court i'e'' the that the representation dated 20'06'2026 of the mother been of 2026' as having petitioner in W.P.No.19723 9 !l'.P.\o. 9?23 & rSSZ: "fslif
acknowledged by the 2nd respondent in W.p.No .L9723 of 2026 and in view of the fact that the minor child is 4 1/2 veasold and keeping in view the welfare of the minor child namely Master Bathula Kairav, which is of paramount significance, this court opines that the writ petitions need to be disposed of directing the 2'd respondent to consider the grievance of the petitilners as put forth in W.p.No.19723 of 2026 and W.p.No.1 9573 of 2026, in accordance to law, in conformity with principles oF natural justice by providing an opportunity of personal hearing to the petitioners in W.p.No. 19723 and -lJ573 of 2026, and ail concerned and decide the subject issue within a reasonable period. It is contended that petitioner in W. P.No.19573 of 2026 also represented to the Chairperson Child Welfare Committee (CWC), Vengal Rao Nagar, Ameerpet. Hyde rabad bur the said representation is not on record and the same is even disputed the learned by Government pleader appearing on behalf of the respondents. lq. TA K N G I NTo coNSI E TIoN: a) The aforesaid facts and circumstances of thecase, SN,J 10 W.P.No.19723 & 195'13 of 2026
The submissions made by the lelrned counsel b) appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents' as arrived at c) The discussion and conclusion Para Nos.6 to 9 of the Present order' ol 2026 and W'P' The writ petitions W'P'No'19723 No.lg5T3of2(/26aredisposedofdirectingthe2nd respondent to consider the grievance of the petitioner in ot 2O26 2026 and atso in W'P'No'19573 W.P.No.19723 ot 2026 in W'P'No'L9723 ol as put forth by the petitioner dated 20'06'2026 and also in her representation pertaining to the release of the minor child Master Bathula of Shisuvihar' near Saradhi Kairav, from the custody StudiorstateHomePremisesrYousufguda'Hyderabad' i'e" and handing over the custody of the said Minor Child to the petitioner in W'P'No'19723 Master Bathula Kairav ol 2026 and also the grievance of the petitioner as put in view the W.P.No.19573 ot 2026' keeping forth in welfare and interest of the child' within one (O1) week fromthedateofreceiptofacopyoftheorder'in 11 SN.J W.P.\o.19723 & 19573 of 2026 accordance to law, inconformity with princijles of natural justice by providing an opportunity of personal hearing to the petitioner in W.p.Nos.19723 of 2026 and also petitioner in W.p.No.19573 ol 2026 and others concerned and take an appropriate decision deciding the subject issue. There shall be no order as to costs. petition, Miscellaneous petitions, if any, pending in this shall stand closed. SD/- M, OSMAN ALI BAIG ASSISTANT REGISTRAR
/iTRUE COPY// € SECTION OFFICER To, 1. The Principal Secretary, Women Development and Child Welfare Department, Secretanat, Hyderabad, State of Telangana. 2. The Director, Women Development and Child Welfare Department, Located at H.No.8-3-222, Vengal Rao Nagar, Ameerpet, Hyderabad. 3. The Chairoersrn Child Welfare Committee, CWC LocateC at l-l.No.8-3-222, Vengal Rao Nagar, ,Ameerpet, Hyderabad. 4. The lntegrated Child Protection Services ICPS, Shishuvihar State Home, Located at H.No.8-3-222, Vengal Rao Nagar, Ameerpet, Hyderabad. 5. The Commissioner of Police, Cyberabad Future City, Ranga Reddy District. 6. The Station House Officer, SHO Moinabad Police Statior, Future City, Ranga Reddy District. 7 One CC to SRI GANDYADAPU RAJESHAM, Advocate IOPUC] 8. One CC to l\4s, CHALASANI DEEPTHI, Advocate [OPUC 9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 10.Two CCs to GP FOR WOMEN DEV CHILD WELFARE, High Cou( for the State ofTelangana at Hyderabad [OUT] 11.Two CD Copies BSR TKS @r CC TODAY HIGH COURT DA,TED: 2310612026 ,A; 6 J + '} (v ,JU! 202J a 0 I COMMON ORDER o a) WP.Nos.19723 & 19573 ot 20 DISPOSING OF BOTH THE WRIT PETITION's, WITHOUT COSTS A\-t N