High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, direction or order, more particularly in the nature of writ of Mandamus declaring the action of the Respondent No.2 in not taking action against the Respondent Nos. 4 And 5 as per the provisions of Maintenance and welfare of Parents and Senior citizens Acl' 2pO7 notwithstanding written complaint of the Petittoner dated.16-03 -2025 but received by the Respondent No 2 after much persuasion on 1 7-05- 2025, as being iregar, arbitrary and violative of Arts. r4, 2i of the constitution of rndia as arso the provisions of the Maintenance and werfare of parents and senior citizens Act 2007 and direct the Respondent settled in favor of Respondent respect of property admeasuring 350 S.yds in Sy.No-gg4 and agricurturar rand in sy.No.52 a area admeasuring Ac.1-03 gts owned by petitioner husband. No.2 to restore the immovable property No.4 vide deed dated.29-05-2016 in lA NO: 1 OF 2o25 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.2 to take immediate steps as per the provisions of the Ivlaintenance and Welfare of parents and Senior Citizens Act 2OO7 . Counsel for the petitioner: SRI VIJAy ASHRIT Counsel for the Responden{ No.1 & 2: AGp FOR REVENUE Counsel for the Respondent No.3: AGp FOR HOME The Court made the following: ORDER THE HON'BL E SRI JUST ICE C.V. BHASKAR REDDY WRIT PETITION No. 1-6405 of 2o25 ORDER: This writ petition is filed seeking following relief: ,,For the reasons stated in the accompanl ing Affidavit, It is therefore prayed that this Hon'ble Court may be pleased to isstle \vrit' direction or order' more particularly in the nature of writ of Mandamus declaring the action of the Respondent No 2 in not taking action against the Respondent Nos 4 & 5 as per the provisions of Maintenance and Welfare of Parents ancl Senior Citizens Act 2007 notwithstanding written complaint of the Petitioner dated: I6-03-2025 but received by the Respondent No-2 after much persuasion on 17-O5-2025, as trcing illegal' arbitrary and violative of Arts' 14,21 of the Constitution of Inclia as also the Provisions of the Maintenance and Welfare of Parents and Senror Citrzens Act 2OO7 and direct the Respondent No 2 to restore the immovable propert-Y- settlg(l in tavor of Respondent No 4 vide deed d,ated.Z9 05 2016 in respect of Propert] adtneasttrtng 350 S'Yds in Sy No 884 and agriculturallandinSy.No.S2a4r.eaadmelrsuritrgAC-l03gtsownedbyPetitioner husband and pass such other ordet or orrlers as rnal'be tleemed flt and proper in the circumstances of the case and in the interest ofjustrce "

2. It is stated that the petitioner is a senior citizen aged about 70 years. It is further statecl that respondcnt Nos'4 and 5' who are elder son and daughter-in-law of the petitioner, are torturing the petitioner and her husband by way of. confining them in their house on the top floor and locking them and forcibly and illegally taking away pension of the petitioner's husband for their own use. The grievance of the petitioner is that she has submitted a written complaint dated 16'03'2025 under the provisions of the Maintenance and Welfare of Parents ancl Senior Citizens Act 2OO7 (for short' 'the Act'), which was received by the 2"d respondent ort 17 'O5'2O25' but till date the said complaint has not been cotrsidered by the 2"d respondent' Hence. the Present .writ Petilion -/ I t 1 2 CVBR, J W.P.No.164O5 of 2025 \.

3. considered the submissions made by learned counser for the petitioner and learned Assistant Government pleader for Rcvcnue appearing for respondent Nos.1 and 2 and with their consent, this writ petition is disposed of at the admission stage. In view of the naturc of relief sought for in this writ petition, issuance of notice to responde.t Nos.4 and 5 is dispensed with.

4. Learned counsel for the petitioner contcnded that as per the provisions of the Maintenance and welfare of parents:rnd Scnior citizens Hct 2OO7, the Revcnuc Divisional Officer is the competent authority to decidc the cascs filed by the senior citizens, morc particurarry, the senior citizens who are suffering with the ord age ailments. In the prescnt case, there is a specific allegation that the 4rh respondcnt, rvho is pctitioner,s sorr, is not taking proper care of the petitioncr and hcr hr-rstrand b-y providing basic necessities and they are ill-treaLed, as such thc petiti.ner u.as bed ridden. Learned counsel for the petitioner furthcr submittecr that thc petitioner has submitted a written complaint datecl r6.o3.2025 uncier the provisions of the Maintenance and welfare of parents and se nior ci rizens Act 2oo7, which r.r'as received by the lna respondent on 17 .os.2o25 and evep after receiving the said compiaint, the 2rd respondent has neither issued any notices to the contesting respondents nor granted any interim maintenance to the petitioner. Learned counser for the petitioner further submitted that the pathetic condition of the petitioner and her husband is ,.; '---- ---7 3 CVBR, J W.P.No.164O5 of 2025 revealed from the photographs filed along with the affidavit of the writ petrtron

5. In view of the above submissions, since it is sLated that the petitioner has submit[ed a written complaint datecl 16.03.2O25 to the 2"d respondent, this Court iS of the opinion lhat the ends oljustice would be met if the 2"d respondent is directed to dispose of t hc said written complaint dated 16.O3.2O25, after issuing notice to respondent Nos 4 and 5' In any event, if the 2nd respondent is not in a position to dispose of the said written complaint, the 2"d respondent is direcred to consider the case of the peti[ioner for grant of interim rhaintenance, pending disposal of the written complaint dated 16.03.2O25 within a period of four (04) weeks from the date of receipt of a copy of this order. The entire exercise shall be completed within a period of two (02) months from the date of receipt of a copy of this order.

6. With the. above observations, this Writ Petition is disposed of' There shall be no order as to costs Miscellaneous applications pending, il any, shall sland closed //TRUE COPY// SD/. A.SREENIVASA REDDY SISTANT REGISTRAR SECTION OFFICER oT 1 The Principal Secretary, Revenue Department, Secretaria[, Tank Bund,- Hyderabad, State of Tela overnment of Telangana, ana.

2. The Tribunal/Revenue Division officer, Keesara Division, f\,4edchal-Malkajgiri District

3. The Station l-.lcuse officer, Pc!ice Staticn Pocharam l.T. ccrricor, Ivledcha!- Malkajgiri District

4. One CC to SRI VTJAY ASHRIT, Advocate IOPUC]

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at High Court for the State of Telangana at ,/ Hyderabad [OUT] \

6. Two CCs to GP FOR HOME' Hyderabad [OUT]

7. Two CD CoPies e BSR TKS .GH COURT DATED:1710612025 ORDER WP.No.16405 of 2O2S I I l rrf S f.; 7 e '+ e '-) 13 IUEM Jr D 6st'r ', crt (. 'il ,+ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t 9)