Sri. Suresh Gupta v. 1. The State of Telangana

5 Sri. Ratan Gupta, S/o Late Kighan Gupta, R/9 H.Ng,3-1-294, Subash Qhan-dra Bose Colo.ny, Kqghdznggar, Kumuram Bheem Asifabad District .....REEPONDENT8 Petition under Article 226 of the Cqnqtitution qf lndia praying that in the circumstances stated in the qffidsvit filed therewith, the High Qogrt may be pleased toto pass grder gr orders dirqction more particularly in the nature of Writ of Mandamus or any othgr appropriate writ, g!'der or direction pleasgd to set aside the order dated 26.04.2023 passed in RC Nq. El 34 12023, by Respondent No. 3 as illegal. arpitrary and unconstitutiona I consequently direct the respondent No. 3 to consider lhe representation dated 21.02 2023, by providing the photo copies of the complaint along with documents and also to give opportunity to the petitioner to raise his contentions by way of filing counter in RC No E13412023, and consequently direct the respondent No.2 to pass orders on merits in Appeal Dated 15.05.2023 filed against the order dated 26.O4.2023 passed in RC No. E13412023, qn the file of lhe Meintelanpe triblnal and Bevenue Divisional Offiser, Kaghalnag?r, t.A.NO:{ oF,2023 Petition Under Section 151 QPC prqying that in the cirgumstances stated in tfe affidavit filed in guppqrt of the petition, lle itiOH Cqlrt mqy be pleaseq to Stgy gf all fgrther FrpcqQdings in pursuanqe of the order passgd in RC ryq. El94l2g??l patgd LQ.0A.QQ23, qn the file 9f thg Mgintena[ce {ribqqgl anq revenue Qivisiqppl O{iper, Kaqfepnager l.A.Nor8 oE E023 ;- =r-i F? "'n Sml Dqrga Qqyi Gupla, W/o Late Kishan Gupta, R/o H No. 3-1-294. $Ubash PhandG Bose Colopy Kaghaznagai, Kumuram Bheem A$ifabad DislriQt.. l ...VACATE STAY PETITI9NERIRESPONDEI'IT Np,{ ANP , . The qFte of Telangana., Fqp,. by its. Prj4ciple $ecrqtary, Revenue Qeparlment, Secretariat Buildings Hyderabad, ?. The Pistrict Collector, Kuryram Qheem, ASifabad District. I The fievenue DiviEiqnal Qfficer, Kagha4nEgar Reyenue Qiyision, Kaghainagar, K umurambheem Asifab-ad Distrlct.

4. Sri. Rplan Gupta. S/o Late KiEhan Guptq, R/o H.No 3-1-294, $Ubash thanpr4 Bose Colony, Kgghaln-agar, Kgmuram Bheem Aqifabild District. , ..,,. RE6P9TTDENTS/RESPONDENTS 5. Sri. $urFsh Gupta,S/o Late Kishan Qupta, AgeQ about 4i yearg, OcQ ; BusinbsF, R/o H Nq 3-1-29.4 Subash phandra Bobe Ccilony, Kaghaznagar, KUmtarri Bheem Asifabad DistlicJ.. ': i,.,,RESPONDEtI{wntt PETTTTONER Fetition Under Section 151 CPC praying that in thecircr;msfallces stated in the affidavit filed in support of the petition, the High eourt may !-e pleased to vacate the inlerim order dated 2310612023 passed in lA.No. 1 of 2Q23 in W.P.No. 15891 of 20?3 and dispose the side writ petition I Counsel for the Petitioner : SRI D.RAGHAVULU 7 Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : SRI G.ANIL KIRAN KUMAR The Court made the following ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY VIRIT PETITION No.15891 of2o23 ORDER: This writ petition is filed seeking a direction to set aside the order dated 26.04.2023 passed in RC.No,E/3 412023, by respondent No.3 as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the iearned counsel for the respective parties and perused the record.

3. It is stated that respondent No.4 who is a senior citizen and the mother of the petitioner filed an application under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2OO7 (for short, the ActJ alleging that the petitioner and his wife are not taking proper care of her in providing basic necessities and attending medical emergencies. Vide . order dated 26.04.2023 in R.C.No.E/3a/2023, respondent No.3 has directed the sons of the applicant i.e., Suresh Gupta and Ratan Gupta to vacate the house within 30 days from the date of order. It is further stated that questioning the said order, the petitioner has filed an appeal dated

15.05.2023 on the file of respondent No.2 under the provisions of the Act and the same is pending adjudication. 2 CVBR, J wp_15891_2023

4. karned counsel for the petitioner has contended that the petitioner has approached respondent No.3 and given a representation dated 27.O2.2023 requesting to provide the complaint copy and material documents filed along with the complaint, however, without serving the copies of the same to the petitioner, respondent No.3 has passed final order on 26.04.2023, without following due process of law and therefore, prayed this Court to set aside the order dated 26.04.2023 passed in RC.No.E/34 /2023, by respondent No.3.

5. This Court, vide order dated 26.03.2023 has granted interim stay of all further proceedings in pursuance of the order dated

26.O4.2023 and the matter is pending since last 2 years to decide the validity or otherwise of the said order dated 26.04.2023.

6. In view of the above and since it is stated that the appeal dated

15.O5.2023 is pending for adjudication on the file of respondent No.2 as on the date and keeping in view that respondent No.4 is a senior citizen, this Court is of the opinion that ends of justice would be met if respondent No.2 is directed to dispose of the said appeal dated

15.05.2023 within a period of four (04) weeks from the date of receipt of a copy of this order. Till such time, the impugned order dated

26.04.2023 passed by respondent No.3 shall not be given effect. l I J CVBR, J wp_15891 2023 I

7. With the above observations, this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY/i SD/-T. TIRUMA oEPUW REql DEVI 9ECTi9N QFFTCER I The Principal Secretary, Revenue Department, Secretariat Buildings, $tate of Telangana at Hyderabad. The District Collector, Kumram Bheem Asifabad District. The Revenue Divisional Officer, Kaghaznagar Revenue Division, (gghq-z.paga;, Iumurambheer,tr Asifabad District. Two CQs- to pp FOR REVENUE, High Qourt for the State of Telangana af Hydemhad. [oPIl Qne gg !o gRl D.RAGHAVULU, fdvgcgte TOPUCJ One CC to qRl G.ANIL KIRAN KUMAR, ,{dvqcate (OPUC) Two QD Copies To

1. Z. J.

5. SA I]S 0 7. v HIGH COURT DATED:0510212025 ORDER WP.No.15891 of 2023 DISPOSING OF THE W.P wlrHouT cosTs. 3b Y q a) 1r-) r$E SrA re o [3 APn zffi fr t OESPAT