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Smt. Gayadapaka Manjula v. The Collector

Telangana HC3 Apr 2024WP/8661/2024

Case brief

AI extract

What is this about?

The High Court of Telangana issued a writ of mandamus directing the State Revenue Department, represented by the Tahsildar, to issue a Family Membership Certificate to the petitioners within eight weeks. The direction was based on the petitioner's claim that the respondent's inaction regarding an online application violated Articles 14 and 226 of the Constitution.

What did the court decide?

Directing the third respondent to issue a Family Membership Certificate to the petitioners within eight weeks from the date of receipt of a copy of this order.

Smt. Gayadapaka Manjula Vs The Collector — Pension and Retirement Benefits | Telangana HC (2024)

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[³¹⁶⁸¹

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

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WEDNESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION No.8661 OF 2024

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Between:

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'1. Smt. Gayadapaka Manjula, Wo Late Gayadapaka Sanjeeva, aged about 45 yrs, Occ: Housewife,

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Gayadapaka Ajay Kumar, S/o Late Gayadapaka Sanjeeva, aged about 26 yrs, Occ: Pvt. Employee,

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3 Gayadapaka Anusha, D/o Late Gayadapaka Sanjeeva, aged about 22 yrs, Occ: Student,

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9ayadapaka Laxmi, Wo Late Gayadapaka Maraiah, aged about 56 yrs, Occ: Housewife, All are R/o.H.No.104-N440, Addagutta, East Marredpalty, Secunderabad, Hyderabad, Telangana - 500026.

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...PETITIONERS

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AND

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1 The Collector, Hyderabad District, Hyderabad, Telangana.

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The Revenue Division Officer, Secunderabad Revenue Division, O/o Flat No. 308 & 310, DBS House, Paradise Circle, Ramgopalpet, Hyderabad, Telangana - 500003.

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The Tahsildar, Marredpally Mandal, O/o Beside Tukaram Gate Police Station, Tarakarama Nagar, Tukaram Gate, Secunderabad, Hyderabad, Telangana - 500026

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'd respondent for not

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issuing the Family Membership^{Certificateto the petitionersNo. 1to 4 of} deceased sri. Gayadapaka sanjeeva^{is highlyillegal, arbitrary,u nconstitutio nal,} in violation of Principles of Natural Justice^{and also in Articles 14 and 226 of the} Constitution of lndia and consequently^{direct the 3'd respondent to issue the} Family Membership Certificate to the Petitioners^{No. 1 to 4 of deceasedSri'} Gayadapaka Sanjeeva.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^{petition, the High Courtmay be pleasedto} direct the 3'd respondent to issue the^{Family MembershipCertificate to the} Petitioners No.^'1 to 4 of deceased Sri. Gayadapaka^{Sanjeeva, Pendingdisposal} of the writ^petition.

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Counsel for the Petitioners: SRI SIRIPAKA PRADEEP CHANDRA

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Counsel for the Respondents: SRI SOMU SRINIVAS REDDY, AGP FOR REVENUE

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The Court made the following: ORDER

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I I

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HON'BLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION No.866L of 2024

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ORDER:

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Heard Sri Siripaka Pradeep Chandra, learned counsel for the petitioner and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue.

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Petitioners herein have submitted online application vide Transaction Id.No.TTFAMCO223O 1227602, dated 1O.O2.2023 to respondent No.3 with a request to issue Family Membership Certihcate. They have also enclosed a copy of judgment dated 22.12.2023 in O.S.No.669 of 2023 passed by the learned XI Junior Civil Judge, City Civil Court at Secunderabad. Despite receiving and acknowledging the said online application, respondent No.3 did not act upon the same. Therefore, the present Writ Petition.

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Whereas, learned Assistant Government Pleader for Revenue on instrucLions would submit that respondent No.3 shall issue Family Membership Certificate strictly in accordance with law.

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In the light of the aforesaid submissions this Writ Petition is disposed off directing respondent No.3 to consider the aforesaid online application with Transaction Id. No.TTFAMCO223O 1227 602, dated 1O.O2.2O23 and issue Family

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Membership Certificate to the petitioners herein, in accordance with law, as expeditiously as possible within a period of eight (08) weeks from the date of receipt of the copy of this order. If respondent No.3 is not inclined to accept the request made by the petitioner, he shall assign specific reason and pass a reasoned order, communicate copy of the said order to the petitioner. There shall be no order as to costs.

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As a sequel, thereto, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

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To,

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SD/. MOHD.SANAULLAH ANSARI //TRUE COPY// , ASSISTANT REGISTRAR,iO sEcTtoN dFHcpn

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The Tahsildar, Marredpaily Mandar, o/o Beside Tukaram Gate porice Station 500026Ta ra ka ra m a N ao a r r J k a r'a m G rte,' $ilict; ;i #,' ti ;;H;;; : i#'^ ;;;';"1'

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One CC to SRt StRtpAKA PRADEEP CHANDRA, Advocate tOpUCl

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad [OUT]

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.Two CD Copies

CC TODAY

HIGH COURT

DATED:0310412024

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ORDER

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WP.No.8661 of 2024

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DISPOSING OF THE WRIT PETITION

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,-1
o

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WITHOUT COSTS

Smt. Gayadapaka Manjula v. The Collector

Case brief

What is this about?

What did the court decide?

Smt. Gayadapaka Manjula v. The Collector

Case brief

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What did the court decide?

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