BORRA GUDARU ANKAIAH v. THE STATE OF ANDHRA PRADESH

Counsel for the Respondent(S):

GP FOR WOMEN DEV CHILD WELFARE

GP FOR REVENUE The Court made the following: 3 ORDER: The petitioner is aggrieved by the inaction on part of the 3rd respondent in considering the petitioner’s application submitted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. The learned counsel for the petitioner submits that the petitioner has submitted an application seeking cancellation of the registered documents in favour of the 5th respondent. Allegations of neglect and maintenance are made against the 5th respondent in the said application submitted under Rule 4(1) under the Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011 and Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

It is submitted that the 3rd respondent issued a notice on 16.06.2025, calling upon the petitioner to appear on 20.06.2025 at 11:00 AM. Though the petitioner appeared on the said date, nothing could transpire and the issue is still pending with the 3rd respondent.

Though notice is not issued to any of the respondents, the learned counsel Sri Indraneel offers to file Vakalat for the 5th respondent and submits that the 5th respondent is the resident of the USA and however, the Indian address has been submitted.

It is also submitted that as the 1st application was already rejected, the 2nd application was filed by the petitioner. 4

It is submitted that the respondent Nos.6 to 8 are also the children of the petitioner. However, it is submitted that the properties are transferred in the name of the 5th respondent.

Be that as it may, this Court is not going into the aspect of who is entitled for what, however, considering the pendency of the application of the petitioner before the 3rd respondent, the 3rd respondent is duty bound to follow the Act and dispose of the application, within a period of three (03) months as per Section 5(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The 5th respondent, who is represented by the learned counsel, can submit his objections before the 3rd respondent. The 3rd respondent shall consider the same and pass appropriate orders, within a period of eight (08) weeks from the date of receipt of a copy of this Order.