High Court · 2025

The State of Telangana, Represented by its Principal Secretary, Revenue and Social Welfare Department. The Collector and District Magistrate, Nalgonda. The Revenue Divisional Officer, And Tribunal Magistrate for Maintenance and Welfare of Senior Citizens and Parents, Miryalaguda Town, Nalgonda District. The Sub-Divisional Police Officer, Ivliryalaguda Town, Nalgonda District. The SHO, PS Miryalaguda Town, Nalgonda District. Smt. Konuganti R'aghavarani, Wo Shiva Prasad Raju, Ag_ed. I\Iajor, R|/o H.No.20-1f 5, lslamapur of Miryalaguda Town, Nalgonda District. Shiva Prasad Raju, S/o Late Vedagiri Raju,Aged. Major, Rl/o H.No.20-115' lslamapur, Miryalaguda Town, Nalgonda Dislrict. Sri. K.HanumahthrRaju, S/o Late Vedagiri Raju, Aged. Major, Flio H.No.5-9- 1101, Sadhu Bai Lane, Gunfoundry, Hyderabad. Sri. K.Rama Krishna Raju, S/o LatA Vedagiri Raju, Aged. Major, Rl/o H/No.20- 'l 14, lslamapur of Miryalaguda Town, Nalgonda District, Tplangana. ...RESPONDENTS 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent l'1o.3 and 4 in implementing the orders passed by the Respondent No.2 d1.16-11-2021 in c1t6o77t2o21 and the action of the Respondent No.6 and 7 in demolishing the ground floor portion of the Petitioners house as illegal, arbitrary, highhanded in violation of basic human rights , in violation of the orders dt.20-07 -2021 in Lr.No.N3727t2020orders dt.10-09-202',| in Appeal No.c11607712021 in violation of riEhts guaranteed under the provisions of Welfare of Parents and Senior Citizens Act,2O07 with a consequential prayer to direct the Respondent No.2 and 3 to implement the orders passed by the Respondent l,lo.2 dt.16-11-2021 in c11607712021 and direct the Respondent No.6 and 7 to restore the ground floor portion of H.No.20-'l 15, lslamapur of Mirayalguda Town, Nalagonda District Telangana. lA NO: 1 OF 2022 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.3 and 4 to implement the orders passed by the Respondent No.2 dt.16-1 1-2021 in C116077t2O21 . lA NO: 2 OF 2022 Petition under section '151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may oe pt"aJJo to direct the Respondent Nos.4 and 5 to provide police protection to the petitioner lA NO: 3 OF 2O22 Petition under Section i 51 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.6 and 7 to restore the toilets and compound wall demolished on 17.11.2021 . Counsel for the Petitioner: SRI V.MURALI MANOHAR Counsel for the Respondent No.1: Gp FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 3: Gp FOR REVENUE Counsel forthe Respondent Nos.4 & 5: Gp FOR HOME Counsel for the Respondent Nos.6 & 7: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.8 & g: -- The Court made the following: ORDER IION'BLE SRI JUSTICE C.\/.BHASKAR REDDY WRIT PETITION No.14258 of 2o22 ORDER: This Writ Petition, under Article 226 ot the Constitution of India, is fi1ed seeking the following relief: '...to issue a uit or order or direction more particularLg one in the nahre oJ Writ of Mandamus declaring the iftaction of the Respondent No.3 and 4 in implementing tle orders passed bg the Respondent No.2 dL16-11- 2021 in C1/6077/2021 and the action of the Respondent No.6 and 7 in demolishing the ground Jloor portion of the Petitioner's house as illegaL, arbltrary, highhanded in uiolation of basic human rights, in utoLotion oJ the orders dt.2o-07-2021 in Lr.No.A/ 3727/ 202O orders dt.10-09 2021 in Appeal No.C1/6077/2021 in uiolation oJ ights Waranteed under the\ prouisions of Welfare of Parents and Senior Citizens Act, 2OO7 tDith a consequential praAer to dtrect the Respondeat No.2 and 3 to implement the orders possed bg the Respondent No.2 dt.16 11 2021 in C1/6077/2021 and dtrect the Respondent No.6 and 7 to restore the ground Jloor portion of H.No.20-115, [slamcpur of Mirayalguda Town, N alagonda Distict, Telang ana... "

2. It is stated that the petitioner is a Senior Citizen, aged about 84 years and resident of House bearing No.2O 115, situated at Islampur, Miryalaguda Town, Nalgonda District, which was constructed by her late husband Sri Vedagiri Raju with his own earnings and the respondent Nos.7 to 9 are her sons and her husband died on O9-O7 -2O2O. It is further stated that when the Respondent No.6, who is wife of her second son (Respondent No.7), started abusing the petitioner by withholding food and necked her out of lhe house, she was constrained to file an application on the file of Respondent No.3-Revenue Divisional Officer-cum-Special 2 Tribunal, Miryalaguda, under the provisions of the Main tenance and Welfare ol Parents and Senior Citizens Act, 2OO7 (for short "senior Citizens Act., 2OO7") and the iame was allou,ed vide order No.Al3727 1202O dated 20.O7 .2021 permittin,g the f)eritioner to reside al the ground floor premises in the house bearins4 No.20-i 15, Islamapur of Viryalaguda Town, Nalgonda Dist-rict thr,tughout her life time and also directed the Respondent N,t.7 to () to pay an amount of Rs.5,000/ per month towards her maintenan:e and living expe nditurc. Challenging the said order, the Respondent.s Nos.6 and 7 filed an appeal vide No.C1/6O77 /2021 on the fi1e of rJlpondent No.2 under Section 16(1) of Senior Citizens Act, 2007 and the same was dismissed vide order dated 10.09.2021 confirming rhe orders of the respondent No.3. It is the case of the petiticner thar_ despite the orders dtrteC 7O-O9-2O27 passed by the respondent_ No.2, the respondents Nos.6 and 7 instead of complying u'ith the ,lirections of the Respondents Nos.2 and 3 demolished the (tompoul-rd wall and toilets in lh e petitioner's portion of the house, eLpparently to render the ground floor uninhabitable. The grievance of rhe petitioner is that stating the above facts, she submitted a represerltation on the file of Respondent No.2, who vide proceedings dat.ed 16-lI-2O21 in Lr.No.C1/6O77 l2O2l directed the Respondenl Nos.3 and 4 to implement the orders passed by the Tribunal and submil compliance report but till date, the said orders have not been implemr:nted. .t J

3. On 23.02-2022, this Court issued notices to the respondent Nos.6 to 9 and aiso permitted the learned counsel for the petitioner to take out personal notice. Even though the respondent Nos.6 and 7 made their appearance, till date, they have not hled counter affidavit. Even today, when the matter is taken up for hearing, the learned counsel for the respondent Nos.6 and 7 seeks time to hle counter afhdavit. 4 . The learned counsel for the petitioner submits that the petitioner is 84 years old and she is suffering from various ailments, and the unofficial respondents instead of complying the directions issued by the respondent Nos.2 and 3 have been repeatedly harassing the petitioner both physically and mentally and purposefully demolished the toilets in the ground floor portion of the petitioner's house, denying her basic human right. Therefore, the learned counsel prays this Court to direct the Respondent Nos.3 and 4 to implement the orders passed by the Respondent No.2 forthwith and direct the respondent No.5 to provide necessary police protection and also direct the unofficiai respondents to restore the toilet in the ground floor portion of the petitioner's house.

5. As seen from the material placed on record, the petitioner is none other than the mother of respondent Nos.7 to 9. The petitioner fited an application on the Iile of respondent No.3 under the 4 provisions of the Senior Citizens Act,2OO7 and the same \Iias allowed vide order dated 20.O7 .202 1 permitting the petitioner to reside in the ground floor portion of House No.20-115, Islamapur, N,f iryalaguda, and directed the Respondent Nos.7 to 9 to pay Rs.5,OOO/- per month towards her maintenance and living expenses. Thr: Respondent Nos.6 and 7 challenged the said order by fi1ing an appeal on the hle of respondent No.2 under Section 16(1) of the Act and thr: same was dismissed on 1O.O9 .2021 , confirming the order of the respondent No.3. It is stated by the petitioner that instead of complying the orclers of the respondent Nos.2 and 3, Respondent Nos.6'and 7, demolished the compound wall and toilets in the 6Jround fl.oor portion of the house. In pursuance of the complaint lodged by the petitioner, on 16. 1 l.2O2l, the respondent No.2 directed the Respon.dent Nos.3 and 4 to enforce the order of the Tribunal fort-hwith atnd submit compliance reporl. It is the case of the petitioner that the orders of the respondent Nos.2 and 3 have not been implemented tiil date.

6. This q.rit petition has been pending since '2022. T:ill date, the unoffrcial respondents neither complied with the orders passed by the respondent Nos.2 and 3 nor filed counter affidavit opposing the writ petition. They have successfully dragged th.e matter all these years. The action of the respondent Nos.6 and 7 in demolishing the toilets in the ground floor portion of the petitioner's house rendering \ t 5 it uninhabitable and failing to provide basic necessities is highly deplorable. The respondent Nos.6 to t have shown lack of humanity by neglecting the petitioner in her old age and faiiing to provide her medical and basic needs. Under these circumstances, granting furiher time for filing counler afhdavit or adjourning the case for any reason would only add to the hardship faced by the petitioner, who is a Senior CiLtzen. 7 . Accordingly, this Writ Petition is allowed and the respondent Nos.3 and 4 are directed to forthwith implement the orders rdated 16.11.2021 passed in Lr.No.C116077 l2O2l by the respondent No.2 and the Respondent No.6 to 9 are directed to restore the ground floor portion of House No.20- I 15, situated at Islamapur, Mirayaiguda Town, Nalagonda District by constructing washroom and make it habitable lor the petitioner and if necessary, the respondent No.5 shall provide necessary police protection. The respondent Nos.6 to 9 shall pay maintenance to lhe petitioner as directed by the Tribunal r,r,ithin a period of three (3) months from today. In the event, the respondent Nos.6 to 9 fail to comply the orders of this Court, the respondent No.3 shall take stringent action against them as permissible under the provisions of the Senior Citizens Act and hle a compliance report in the Registry, within a period of three(3) months from today. 6 a\ As a sequel, the misceilaneous petitions p,:nding, if any, shall stand closed, No order as to costs SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To 1 The Principal Secretary, Revenue and Social Welfare Department, State of Telangana. The Collector and District Magistrate, Nalgonda. The Revenue Divisional Officer, And Tribunal Magistrate for Maintenance and Welfare of Senior Citizens and Parents, Miryalaguda Town, Nalgonda District. The Sub-Divisional Police Officer, Miryalaguda Town, Nalgonda District. The SHO, PS Miryalaguda Town, Nalgonda District. One CC to SRI V MURALI MANOHAR, Advocate [OPUC] Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] Two CD Copies ,! 2 3 4 5 6 7 o I 10 11 PSK. BS -----{ HIGH COURT DATED:1710212025 URGENT ORDER WP.No.14258 ot 2022 e1 E s14 r(-- a l, J o (.) 01 trlR 2&5 :' i- .,/ ALLOWING THE WRIT PETITION WITHOUT COSTS u 4n /