Kunduri Rajeshwari v. 1. TheState o1 Telangana

Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court inay be pleased to suspend the Orders in Proceedings No. fu44l2023, dt.2S-O2- 2023 of the 2nd Respondent and Orders in APPEAL No.Cll2.191/2023, dt.03-05-2023 of the 3rd Respondent lA NO: 2 OF 2023 Between: Ramasahayam J.yo!hi, lv/o_latg Venkat Reddy, R/o. Madgutapelli Village and Mandal, Nalgonda District, Telangana. AND ... PETITIONERYRESPONDENT 1 2 Kunduri Rajeshwari,. .V-V1o. Rqm Gopal Reddy, Aged about 50 years, Occ. Home maker, Rl/o. H.No.2-18, Madgutapeili Viltage and Manda[ Nalgonda District, Telangana. The_State-oJ Telangana, Rep. by its Principal Secretary for the Department for Welfare of Disabled and Senior Citizens, Vikalangula Sankshema'Bhavan, Near Nalgonda cross roads, Hyderabad, Telangana 500036.

3. The Maintenance Tribunal, (under the Maintenance and Welfare of parents and Senior Citizens Act) - Cum- Revenue Divisional Officer, Miryalaguda, District Nalgonda.

4. The Appellate Tribunal, (under the Maintenance and Welfare of parents and Senior Citizens Act) District Magistrate and Collector, Nalgonda, Nalgonda District.

5. The Tahsildar, Madgulapelli, Madgulapelli Vitlage and Mandal, Nalgonda District. 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 vacate the interim order passed by this Hon'ble Court vide l.A. No. 1 of 2023 in W.p. No. 'l4B3B of 2023 dated 14-06-2023 and to dismiss the writ petition with exemplary costs in the above writ petition in the interest of justice and equity. ...RESPONDENTS Counsel for the Petitioner: M/s. SARAMPALLY MRUDULA Counsel for the Respondent Nos.1 to 4: Gp FOR SOCIAL WELFARE Counsel forthe Respondent No.5: SRI M. MALLIKARJUN REDDY The Court made the following: ORDER rwryr7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1483a of 2o23 ORDER: This writ petition has been hled seeking to call for the records relating to proceedings No.Al44l2023 dated 25.02.2023 issued by respondent No.3 and orders in Appeal No.Cll2l9Il2023 dated 03.05.2023 issued by respondent No.3 and to quash/set aside the same, as illegal and arbitrar5r and for other appropriate reliefs.

2. It is stated that the petitioner's father was the absolute owner and possessor of land in Survey Nos.301, 3O8, 318, 356, admeasuring Ac.2.15 guntas situated at Madugulapally Village, Thipparthy Mandal, Nalgoncla District, and he died intestate leaving behind his rvile and four daughters. It is also stated that after the death of petitioner's father, the said propert5r was mutated in the name o[ the petitioner's mot]rer, who in turn executed a gift deed in lavour the petitioner, who is the eldest daughter- It is further stated that ',hereafter, on the application being submitted by the petitioner, the revenue authorities after conducting enquiry issue d mutation proceedings vide order No.9a4l2Ol4 dated 18. lO.2O14 and pattdar pass book in her favour vide patta No.1.207 aod passbook No.1102544 and the 2 petitioner has been receiving various incentives being granted by the Government as investment sqbsidy from time to time. Despite the same, the petitioner,s mother i.e., respondent No.5 herein filed a complaint on the lile of the Maintenance Tribunal (under the Maintenance and Welfare of parents and Senior Citizens Act)--cum-Revisional, Oflicer, Miryalaguda, Nalgonda District i.e, respondent No.2 herein, alleging that her daughters neglected to maintain her and requesting that the subject property which has been illegally inherited by the petitioncr may be given back to her for the purpose of maintaining herself. Respondent No.2, vide order dated 25.O2.2023, directed cancellation of the said mutation proceedings issued in favour of the petitioner and challenging the same, petirioner is stated to have preferred appeal vide Appeal No.Cll219112023 on tine file of the Appellate Tribunal i.e., respondent No.3, n,ho vide its order dated 03.05.2023 conhrmed the order passed by respondent No.2 and directed cancellation of mutation proceedings issued in favour of the petitioner, without affording her any opportunity and without following the procedure as contemplated under the provisions of the Main tenance And Welfare Of Parents And Senior Citizens Act, 2OO7 (for short ,,the Senior Citizens Act"). J

3. karned counsel appearing for respondent No.S vehemently contends that the petitioner is the eldest of the four daughters of respondent No.5; the subject property originally belonged to the husband of respondent No.S; upon his death, the subject property has been mutated in the name of respondent No.5; thereafter, respondent No.5 has not executed any gift deed in favour of the petitioner; but, when 4rthu bandhu has been stopped to respondent No.S, on enquiry, she came to know that the petitioner without any intimation or consent, got mutated her name in the revenue records by creating a fabricated gift deed in respect o[ the subject property; furthermore, respondent No.S has been neglected to provide maintenance, which constrained her to prefer application on the hle of respondent No.2 who in [urn after conducting enquiry cancelled the mutation proceedings issued in favour of the petiLioner and directed her to return the subject property in favour of respondent No.S and on the appeal being preferred by the petitioner, respondent No.3 rightly confirmed the order passed by respondent No.2; and as such the impugned orders passed by respondent No.2 and 3 do not require any interference. 4 4 Considered the submissions of the learned counsel for the partles and perused the record 5' Since it appears that there are disputes between the parties with regard to right and title over the subject property, which are required to be adjudicated by the competent Civil Court in a pioperly instituted civil suit, this Court deems it approprrate to dispose of the writ petition by relegating the petitioner to approach the competent Civii Court and seek appropnate relief, in accordance with law Having regard to the specific grievance of the respondent No.5 that the pefitioner is enJoying the subject property and not paying towards her maintenalce, it is directed adjudication of the issues relating to right and subjcct property by the competent Civil Court the peti tioner shall, as agreed, pay an amount of Rs.6,O0O/_ (Rupecs Six Thousand onty) per month to respondent No.5, r.r,ho is her mother, towards maintenance. It is needless to observe that the respondent No.5 is entifled to claim maintenance from other daughters also in accordalce with the provisions of the Senior Citizens Act that pending title over the any amount 5

6. This writ petition is accordingly disposed of. Pending miscellaneous applications, if any, sha stand closed. There shall be no order as to costs. //TRUE COPY// DI A. SRINIVASA REDDY S ISTANT REGISTRAR SECTION OFFICER To,

1. The Principal Citizens, Vika Hyderabad, Telangana 500036. Secretary for the Department for langula Sankshema Bhavan, Near e re of Disabled and Senior a lgonda cross roads,

2. The Maintenance Tribunal, (under the Maintenance and Welfare of parents and Senior Citizens Act) - Cum- Revenue Divisional Officer, Miryalaguda, District Nalgonda.

3. The Appellate Tribunal, (under the Maintenance and Welfare of Parents and Senior Citizens Act) District Magistrate and Collector, Nalgonda, Nalgronda District. + It'e Tahsildar, Madgulapelli, Madgulapelli Village and IVIandal, Nalgonda District.

5. One CC to M/s. SARAMPALLY IVRUDULA Advocate IOPUCI 6. One CC to SRI M. MALLIKARJUN REDDY Advocate [OPUC] 7. Two CCs to GP FOR SOCIAL WELFARE ,High Court for the State of Telangana. [OUTI B. Two CD Copies KKS GJ q HIGH COURT I DATED:0910412025 oR ' ( li.5i ;r_-X* ;rl f'M? o 10 ruE o (.) t) ,+ ORDER WP.No.14838 of 2023 i 1'].'-rCH -t DISPOSING THE WRIT PETITION WITHOUT COSTS