High Court · 2025

Petition under Article 226 of 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, Order or direction more particularly one in the nature of Mandamus. declaring the action of the respondent No.2 passed an orders in Proceedings.No.L113212023 dated 10.04.2023 under Senior Citizen and Maintenance Act 2007 by directing the respondent No.3and4 evicting the petitioner from the premises No. H. No.28-90/Part, consisting of three rooms with bath and WC total admeasuring 75 Sq.yds of Gandhi Nagar, HMT Post, IDPL, Jeedimetla, Medchal-Malka.igiri dist without having any jurisdiction, without issuing any notice is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-A of Constitution of lndia and consequently set a side the orders passed by the Respondent No.2 an orders in ! Proceedings.No.L113212023 dated 10.04.2023 under Senior Citizen and Maintenance Act 2007 in the interest of justice. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated an the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed by the respondent No.t passed an ofders in proceedings. No. L113212023 dated 10.04.2023 under Senror Citizen and Maintenance Act 2007 by directing the respondent No.3and4 evicting the petitioner from the premises No. H.No.28-90/ Part, consisting of three rooms with bath and WC total admeagurlng 75 Sq.yds of Gandhi Nagar, HMf Post, I DPL, Jeedimetla, Medchal-Malkajgiri distpendiqg disposal qf the abgve main wril petition. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in lhe affidavit filed in support of the petition, the High Court may be pleased to dismiss the above said writ petition with exemplary costs and devoid of merits and vacate the interim order dated 28-06-2023 passed in W.P. Np. 16546 of 2023 in lhe interest of justice. Counsel for the Petitioner: SRI VSRMV PRASAD SANAKA Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME gounsel for the Respondent No.S: SRI ABHILESHU GOWRAVARAPU Counsel for the Respondent No.6: - The Court made the following: ORDER n ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.16546 of 2023 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying afiidavit, it is therefore prayed that, this Hon'ble Court may be pleased to issue a Writ, Order or direction more pa-rticutarly one in the nature of Mandamus, declaring the action of the respondent No.2 passed an orders in Proceedings. No.Ll /3212023 dated 1O.O4.2O23 under Senior Citizen & Maintenance Act 2OO7 by directing the respondent No.3 & 4 evicting the petitioner from the premises No. H.No.28- 90/Part, consisting of three rooms with bath & WC total admeasuring 75 Sq.yds of Gandhi Nagar, HMT Post, IDPL, Jeedimetta, Medchal-Malkajgiri dist without having any jurisdiction, without issuing any notice is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,2l and 300-A of Constitution of [ndia and consequently set aside the orders passed by the Respondent No.2 an orders in Proceedings.No.Ll /32/2023 dated 1O.O4.2O23 under Senior Citizen & Maintenance Act 2OO7 in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem frt and proper in the circumstances of the case.'

2. Petitioner is the daughter-in-law of Sth respondent. It is stated that the petitioner's marriage was perforrned with 6ft respondent on

07.12.2OO5 as per the rights and customs prevailing in the community. It is further stated that the petitioner and 6th respondent are residing in H.No.28- 29 I l, Gandlr,i Nagar, HMT Post, Hyderabad (for short, the subject premisesJ. It is further stated that after leading a happy matrimonial life for a period of 17 years, disputes arose between the petitioner and 6th respondent. It is further stated that petitioner has fi1ed a complaint before the 46 respondent on 10.01.2023 against 6ft respondent under Section 498A of IPC uide FIR.No.21 of 2023 and the same is pending. It is further sUbmitted that the petitioner has instituted DVC.No. 19 of 2023 against .s. .l 1 2 CVBR, J W.P.No.16546 of 2023 respondent Nos.5 and 6 on the file of VIII Metropolitan Magistrate, Medchal at Athivelli seeking sharing of shelter in the subject premises and the same is pending adjudication. It is further submitted that the petitioner also instituted a petition against 6o respondent for divorce under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 utde F.C.O.P.No.48 of 2023 on the file of Additional Family Court, Medchal and the said case is pending for adjudication. It is further submitted that Sft respondent filed a false case under Maintenance and Welfare of Parents and Senior Citizens Act, 20O7 (for short, 'the ActJ against her before the 2nd respondent seeking to evict the subject premises and the 2"d respondent has passed the impugned proceedings against the petitioner uide Proceedings No.L1/32 12023 dated, lO -O4.2O23 authorizing respondent Nos.3 and 4 to vacate the petitioner and the 66 respondent from the subject premises and hand over the keys to the 6ft respondent and report compliance and in case of failure on tJ e part of the petitioner and 6ft respondent in complying with the above said orders, further action will be initiated basing on the merits of the case under the provisions of the Act. It is further stated that the above said impugned order is issued to the peLitioner without verifying whether notice has been served upon the pelitioner or not. The grievance of the petitioner is that pending adjudication of the above said cases, at the instance of 6th respondent, 5s respondent is making forceful efforts to dispossess the petitioner from the subject premises. / 3 CVBR, J W.P.No.16546 of 2O23

3. Learned counsel for the petitioner contended that unless and until divorce has been granted by the competent civil Court, Sft respondent is not entitled to file any case under the provisions of the Act seeking for eviction of the petitioner.

4. Learned counsel for the 56 respondent contended that the property in occupation of the petitioner is self-acquired property of the 5b respondent and there are matrimonial disputes between the petitioner and 6tn respondent and taking advantage of the pendency of the divorce O.P. uide FCOP.No.4B of 2023 as well as criminal cases, petitioner is causing hardship to the enjoyment of the self-acquired property of the Sft respondent. It is further contended that petitioner is an employee working as an Artisan in Electricity Department and drawing salary approximately an amount of Rs.40,000/- per month and she is entitled to survive on the said income and even if there are any inter se disputes between the petitioner and 6ft respondent, the said disputes have to be resolved by the competent civil Court and in the guise of pendency of the litigation. of the matrimonial disputes, the petitioner is not entitled to contimre in possession of the self- acquired property ofthe 5tr respondent.

5. Considered the submissions of the learned counsel for the t ( respective parties and perused the record. I ) I 4 CVBR,.J W.P.No. 16546 of 2023

6. Admittedly, the property in possession of the petitioner is the self-acquired property of the Sft respondent and there are matrimonial disputes between the petitioner and 6e respondent. Petitioner being wife of 6e respondent is entitled either for interim maintenance or for permanent alimony, but she is not entitled to continue in possession of the self-acquired property of the sth respondent. However, it is stated that aggrieved by the impugned order dated 1O.O4.2023 passed by the 2"d respondent, an appeal has been filed by the petitioner on the flle of the District Collector, who is an appellate authority under the provisions of the Act.

7. In view of the above, this Court without expressing any opinion on the on the merits of the case, deems it appropriate to dispose of this writ petition directing the petitioner to agitate her grievance in the pending appeal on the file of the District Collector.

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. There r shall be no order as to costs. To 1 Z 3 4 4 6 7. //TRUE COPY// SO/-A.V.S, PRASAD UTY REGISTRAR ECTION OFFICER I

8. Two CCs to GP FOR HONIE, High Cou( for the State of TPlangana' at Hyderabad. [OUT]

9. Two CD Copies PSK. BS w \ \ t. ( HIGH COURT DATED:1810312025 i ORDER WP.No.16546 of 2023 1'.-.: -q i4 a OB APH zffi Or' s'1) a,:-I " DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?d ttI 8 I I