Disposed

Nitisha Gundelli v. The State of Telangana

Telangana HC25 Jan 2024WP/1931/2024

Case brief

AI extract

What is this about?

Petitioner's representation for a Missing/Lost Document certificate regarding lost link documents for her plot was rejected by the Station House Officer without enquiry. The court set aside the rejection and directed examination of the fresh representation and action per police guidelines within four months.

What did the court decide?

Rejection order dated 07.11.2023 set aside; respondent No.4 directed to examine the fresh representation dated 09.01.2024 and act per police/government guidelines within four months.

Nitisha Gundelli Vs The State of Telangana — Property and Title | Telangana HC (2024)

¶1

[^32e61

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITION NO: 1931 OF 2024

¶7

Between:

¶8

Nitisha Gundelli, W/o P.Murali Seeta Ramasai, Aged about 33 years, Occ House wife, R/o Villa No.102, Tudor Ken Osman Nagar, Tellapur, Sanga Reddy.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep. by its Principal Secretary for Home, Secretariat Building, Hyderabad.

¶12

2 The Commissioner of Police, Cyberabad, Gachibowli, Hyderabad. The Deputy Commissioner of Police, Madhapur Zone, Cyberabad.

¶13

4 The Station House officer, Kollur Police Station, Cyberabad.

¶14

...RESPONDENTS

¶15

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of lvlandamus declaring the action of the respondents more^particularly respondent No.4 in rejecting the petitioners representation for Missing/Lost Document vide Application No.152002'1 123160410480, dated 711112023, link documents in respect of Plot bearing No.85/Part, in Sy.No.2/C, admeasuring²⁶⁴ Sq. yards, situated at Chengicherla Village, Ghatkesar Mandal, Medchal Malkajgiri District (the then Ranga Reddy District), as illegal, arbitrary,ⁱⁿ violation of principles of natural^justice and in violation of Article 14 and 21 of the Constitution of lndia and .consequently to direct the Respondent^{No.4 to issue} Missingi Lost Document based on Application No.1520021 123160410480,^dated 0211112023 by setting aside the letter of rejection letter dated^{07 11112023.}

¶16

lA NO:^'l OF 2024

¶17

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-4 to issue lvlissing/Lost Document based on Application No.1520021123'160410480, dated O2l1'll2O23 by suspending the letter of rejection letter dated 0711112023, pending disposal of the above writ petition..

¶18

Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY

¶19

Counsel for the Respondernts: AGP FOR HOME

¶20

The Court made the follouring: ORDER

¶21

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

¶22

WRIT PETITION No.l931 of 2024

¶23

ORDER

¶24

This Writ Petition is filed seeking the following substantive re Iie 1':

¶25

"... to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly respondent No.4 in rejecting the petitioner's representation for Missing/Lost Documents vide App lication No. I 52002 I 1 23 1 604 I 04802 dated, 021 1 | / 2023 lirk documents in respect of Plot bearing No.S5/Part' in Sy.No.2/C admeasuring 264 Sq yards situated at Chengicherla Village, Ghatkesar Mandal, Medchal Malkajgiri District, the then Ranga Reddy District as iltegal. arbitrary and in violation of principles of natural^justice and Articles 14 and 2l of the Constitution of India and consequently to direct the Respondent No.4 to issue Missing/ Lost Document based on Application No. I 52002 I 123 1604104802 dated 021 I I 12023 by setting aside the Ietter of rejection letter dated07lll12023."

¶26

The case of the petitioner is that he has submitted a representation/appl ication in the piescribed proforma tbrough mee' ,teva regarding missing of the document/lost documents vde application No. I 52002 I 1231604104802 dated 02III12023.

¶27

¶28

CVBR, J tt/l' No 1931 oJ 2024

¶29

The grievance of the petitioncr is that respondent No.4 instead of conducting an enquiry and tracing out the said documents by registering the crime, has simply rejected his application stating that there is no evidence about the lost of the documents

¶30

It is the case of the petitioner that he has also got issued a paper publication stating that he has lost the documents and instead of conducting a detailed enquiry'as per the procedure contemplated under law, respondent No.4 has rejected his application. It is the further case of the petitioner that he has submittcd a fresh representation on 09.01.2024, by enclosing all the necessary documents and duly fumishing all the particulars of the documents he has lost and enclosing the paper publication dated 16.10.2023.

¶31

In view ,rf the same, this Court deems it appropriate to d.ispose of the Writ Petition by setting aside the rejection order dated 07.11.202:.3 of respondent No.4 and directing respondent No.4 to examine the representation/application subrnitted by the petitioner dated 09.01.2024 and take appropriate action for issuance of NoC as per the guidelines/circular instructions issued

¶32

-1

¶33

C'/8R. J tt'P.No.l93l of2024

¶34

¶35

by the Commissioner of Police/Government within a period of

¶36

four weeks months from the date ofreceipt of a copy of this order.

¶37

With the above directions, this Writ Petition is disposed of.

¶38

There shall be no order as to costs.

¶39

7 . As a sequel, the miscellaneous petitions pending, if any,

¶40

shall stand closed.

¶41

SD/. MOHD. SANAULLAH ANSARI ASSISTAN G

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary for Home, Secretariat Building, Hyderabad, State of Telangana.

¶47

The Commissioner of Police, Cyberabad, Gachibowli, Hyderabad.

¶48

The Deputy Commissioner of Police, lvladhapur Zone, Cyberabad.

¶49

The Station House officer, Kollur Police Station, Cyberabad.

¶50

One CC to SRI KATIKA RAVINDER REDDY, Advocate [OPUC]

¶51

Two CCs to GF FOR HOME, High Court.for the State of Telangana at Hyderabad {OUTI

¶52

Two CD Copies

BSR GJP

HIGH COURT

DATED: 25lUnA24

ORDER

WP.No.1931 of 11024

S TAr6
e v
o ;t
(,) 0 2 FEB 20zl

c
espr.lc

¶59

DISPOSING OF THE WRIT PETITION,

¶60

WITHOUT COSTS

¶61

\o
t
fA

Nitisha Gundelli v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Nitisha Gundelli v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Amireddy Thirumala Reddy Vs The State of Telangana

Vaddepally Sudarshan Vs The State of Telangana

Namaste Saloon And Spa Vs The State of Telangana

New India Enterprises Vs Smt.Sujatha Ananthu

Nuthalapati Narasimha Vs The State of Telangana

Yaggadi Padma Vs The State of Telangana