Telangana High Court
WP/46617/2022 of Smt.M.Mounika Vs The State of Telangana and 5 others on 30 December 2022
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 46617 OF 2022 Between: ''1. Smt.M.Mounika, Wo Late Santhosh Kumar, House Wife. 2. M.Aravindukumar, S/o Late Santhosh Kumar, aged 16 years. 3. M.Harshavardini, D/o Late
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 46617 OF 2022
Between:
''1. Smt.M.Mounika, Wo Late Santhosh Kumar, House Wife.
2. M.Aravindukumar, S/o Late Santhosh [Kumar, ]aged [16 ][years.]
3. M.Harshavardini, D/o Late Santhosh Kumar, aged [12 years.]
4. M.Keerthana Vardini, D/o Late Santhosh Kumar, aged 10 [years.]
..--
Petitioners Nos. 2 to 4 represented by the [petitioner ]No 1 Guardian iMother [(All ][are]R/o H No 1 156/1 Budwel Rajendernagar Ranga Reddy [District)]
...PETTTTONER(S)
AND
1 . The State of Telangana, rep. by its Principal Secretary, Revenue Department,Secretariat Buildings, Hyderabad.Secretariat Buildings, Hyderabad.
2. The District Collector, Ranga Reddy District,
3. The Revenue Divisional Officer, Rajendernagar Division, Ranga ReddyDistrict. /,,District. /,,
4. The Tahasildar, Rajendernagar Mandal, Rajendernagar, Ranga ReddyDistrict.District.
5. The Greater Hyderabad Municipal Corporation, rep.by its Commissioner,HyderabadHyderabad
6. The Deputy Commissioner, Circle No. [1 ]1, Greater Hyderabad MunicipalCorporation, Rajendernagar Circle, Ranga Reddy District.Corporation, Rajendernagar Circle, Ranga Reddy District.
-.....
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue Writ Order or Direction more particularly one in the nature ofWrit of Mandamus by declaring the action of the 4th respondent in making anendorsement by rejecting my ONLINE Application No.FAMCO222O1143622 dl.14.9.2022 made by the [petitioner ]on 21.12.2022 for issue of the Family Member Certificate is illegal, arbitrary and further direct the Respondent Nos.3 and 4 toissue the family member certificate to the petitioners with due process of law andpass such other order or orders ./- lA NO: 2 OF 2022
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 4th Respondent to issue the family member certificate taking intoconsideration ONLINE Application No.FAMCO22201143622 dt. 14 9.2022 bycalling for the required documents from the petitioners, pending final disposal ofthe writ petition and pass such other order or otde,.s;. z/- Counsel for the Petitioners: SRl. P RAGHAVENDRA REDDY
Counsel for the Respondents Rl TO R4: AGP FOR REVENUE
The Court made the following: ORDER '/'
HON'BLE SRI JUSTICHE K. LAKSHMAN
WRIT PETITION No.46617 of 2O22
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ORDER:
Heard Sri P. Raghavender Reddy, learned counselappearing for the petitioners and learned AssistantGovernment Pleader for Revenue appearing [for]respondents. Perused the record.
With their consent, this writ petition is disposed of at the admission stage. Petitioners herein have submittedonline application, dated i4-09-2022 with respondent No.4with a request to issue Family Member Certificate. Videorders, daled2l-12-2022 respondent No.4 had rejected thesame for the following reasons:
"Applicant has not submitted supportingdoanments hence rejected. "
According to the petitioners, they have submitted copyof Death Certificate dated 27-Ot-2022 issued by Registrarof Births and Deaths, Goshamahal, Circle No.14, GHMC,Legal Heirs / Family Members / Declaration Certificateissued by XVI Spl. Metropolitan Magistrate, Secunderabad, i
Adhar Cards, proceedings dated 09-11-2022 of GHMC andalso interim order dated 27-O9-2O21 in W.P.No.76723 of2O21. Even then, respondent No.4 had rejected theaforesaid online application submitted by the petitioners.Perusal of the said endorsement, dated 2l-12-2022 ofrespondent No.4 would reveal that he has not mentionedthe <1etai1s of all the documents submittecl by thepetitioners while rejecting the online application. There isno consideration of the aforesaid documents by respondentNo.4. Therefore, according to this Court, the impugnedendr>rsement is not on consideration of the documentssubmitted by the petitioners. It is not a reasoned order. Anyorder without reasons is an order passed withoutapplication of mind and it is nullity.
In view of the aforesaid discussion, this writ petition isallor,r,ed, impugned endorsement dated 2l-12-2022 ofrespondent No.4 is set aside and matter is remanded backto respondent No.4 with a direction to consider theaforesaid online application dated 14-09-2022 along with I
aforesaid documents submitted by the petitioners anddispose of the same, strictly in accordance with law byputting the petitioners and all affected parties on noticeand affording them an opportunity of hearing. If respondentNo.4 is required any further information liberty is grantedto him to call for the same from the petitioners and theputting the petitioners and all affected parties on noticeand affording them an opportunity of hearing. If respondentNo.4 is required any further information liberty is grantedto him to call for the same from the petitioners and thepetitioners shall furnish the said information. If he is notinclined to accept the claim/ request of the petitioners, heshall shall assign specific reasons, pass a reasoned order andshall communicate copy of the said order to the petitioners.shall communicate copy of the said order to the petitioners.He shall complete the entire exercise within a period ofeight (B) weeks from the date of receipt of a copy of thisorder. There shall be no order as to costs.order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any,pending in the Writ petition shall stand closed.
SD/- N. SRIHARIASSISTANT REGISTRAR,)//TRUE COPYII\,SECTION OFFICER
To,
1fhe [Principal_ ][Secretary, Revenue Department, Secretariat Buildings, ]State ofTelangana, Hyderabad.Telangana, Hyderabad.
2The District Collector, Ranga Reddy District, I
3. The Revenue Divisional Officer, Rajendernagar Division, Ranga ReddyDistrict.District.
4. The Tahasildar, Rajerldernagar Mandal, Rajendernagar, Ranga ReddyDistrict.District.
5. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad
6. The Deputy Commissioner, Circle No.11, Greater Hyderabad MunicipalCorporation, Rajendemagar Circle, Ranga Reddy District.Corporation, Rajendemagar Circle, Ranga Reddy District.
7. One CC to SRL P RAGHAVENDRA REDDY Advocate IOPUCI
8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana,Hyderabad. [OU!Hyderabad. [OU!
9. Two CD Copies
HIGH COURTII
KLJDATED: 3011212022
iBtiro06 tAt{ &lilORDETR+WP.No.46617 of 2022
WRIT PETITION IS ALLOWED OF WITHOUT COST
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