✦ High Court of India · 31 Jul 2025

Nallamothu Rukminamma @ Boggarapu Rukminamma @ Rukmini' W/o !a!e v. 1. State of Telangana

Case Details High Court of India · 31 Jul 2025
Court
High Court of India
Decided
31 Jul 2025
Bench
Not available
Length
1,165 words

6. Dr.Anna Seva Foundation, Rep. by rep by its founder Annam Srinivasa Rao, Office at 15-9-299,sth line, Rotary Nagar, Khammam

7. Annam Srinivasa Rao,, S/o Ramaiah, aged 67 years, occ- social service' Fl/o H.No. 15-14-35, Venugopal nagar -1 , Klianapuram haveli, Khammam city and district. ...RESPONDENTS 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 writ of mandamus, declaring the inaction of Respondent No.4 and the Respondent No. 5 in considering representations dated 11-06-2025 and thereby failing to revoke the regd. Gift deed No. 1649112021 DL.24-11-2021 executed by the petitioner as illegal, arbitrary, unfair, in violat'ron of articles '14, 21 and 300-A :. 1. ---. .SP. " ';'. v of the Constitution of lndia and against the principles of justi<:e , equity and good conicience and consequently direct the Respondent No. 4 arrc' 5 to consider the representations of the Petitioner dt. 11-06-2025 and revoke tt e regd. Gift deed No. 1649112021 Dl. 24-11-2O21 under the provisions of MWPS;(; Act, 2007. lA NO: I OF 2025 Petition under Section 151 CPC praying that in the circlrnstances stated in the affidavit filed in support of the petition, the High Courl may be pleased pleased to direct the respondent No.6 and 7 to pay a sum of F s. 50.000/- for her maintenance, welfare and well being, pending disposal of the n'ain writ petition. lA NO:2 OF 2025 Petition under Section 151 CPC praying that in the circu nstances stated in the affidavit filed in support of the petition, the High Cour may be pleased pleased to direct the Respondent No. 4 and 5 to consider the representations of the Petitionerdt. 11-06-2025 and revoke the regd. Gift deed llo. 16491/2021 Dt. 24-11-2021 under the provisions of MWPSC Act, 2007, Gounsel for the Petitioner : SRI G.RAVI CHANDRA SEKHAFI Counsel for the Respondents No.1,2,5: AGP FOR REVENUE: Counsel for the Respondents No.3&4 : AGP FOR WOMEN Dt V & CHILD WEL Counsel for the Respondents No.6&7 : -- The Court made the following: ORDER :11R+E_-i'-._.iv ;:1.i:+'.-:'':,,::L::t.,.ti :xi'qa'-r-:.,;ttt' HON'BLE SRIJUSTICE IC LAKSHMAN WRIT PETITION No.21941 OF 2025 ORAL ORDER Heard leamed counsel for the petitioner and leamed Assistant Govemment Pleader for Women Development and Child Welfare appearing on behalf of respondent Nos.3 and 4.

2. The petitioner herein has executed a registered Gift Settlement Deed bearing document No.16491 of 2021, dated

24.11.2021 in favour of respondent Nos.6 and 7 in respect of house bearing No.t0-2-l2l consisting of ground floor and fnst floor with RCC roof and open space, admeasuring 166 square yards, situated at Mamillagudem, Klrammam Municipal Corporation Limits and District. tn the said gift deed, she has stated that she is executing the said gilt deed with her free will and consent without there-being any expectation/return. It is also the contention of the petitioner herein that respondent Nos.6 and 7 gave a declaration dated 30.11.2021 to the petitioner that they witt take care of welfare of the petitioner herein. Thcrcafter, respondent Nos.6 and 7 are not taking care of the petitioner, who is 87 years old woman. Therefore, she approached 2 K]-,J w.P No.i I94l of 2025 respondent No.5 for cancellation of the said gift s:l ilement deed. Respondent No.5 did not entertain the same. Therefole , she has filed a writ petition and the same was dismissed as withdrau r.

3. She has submitted an application dated 1.06.2025 to respondent No.4 with a request to cancel the said r egistered gift settlement deed in terms of the Maintenance and We[I rre of Parents and Senior Citizens Act,2007 . Despite receiving and a:knou'ledging the said application, respondent No.4 did not dispose t in accordance with law. Challenging the inaction of respondent No.,l. the petitioner filed the present writ petition.

4. Whereas, leamed Assistant Govemment Plerd:r for Women Development and Child Welfare, on instructions, wou d submit that respondent No.4 will consider the said application ernd dispose it strictly in accordance with law by puning the l etitioner and respondent Nos.6 and 7 on notice and affording them a r opporhrnity. In the light of the same, noticc to respondent Nos.6 anrl 7 is dispensed with.

5. In view of the aloresaid discussion, this w rit pet.ition is disposed of directing respondent No.4 to consider thr: -epresentation 3 KI.J w.P. No.2l94l of2o25 dated 11.06.2025 submitt€d by the petitioner seeking cancrllation of registered gift settlement deed bearing document No.l649l of 2021, dated 24.11.2021 and pass an order strictly in accordance with the procedure laid down under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 21UC_7 and the Rules rnade thereunder by putting the petitioner and respondent Nos.6 and 7 on notice and affording them an opportunity. He shatl also consider the declaration dated 30. ll.202l made by respondent Nos.6 and 7. Ttrc petitioner herein is 87 years old woman and widow. She is issueless. Therefore, respondent No.4 shalt complete the entire exercise within a period of four (04) weeks from the date of receipt of copy of this order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, nriscellaneous petitions, if any, perding in the writ petition shall stand closed //TRUE COPY// SD/-S. ALLIKARJUNA RAO ss TANT REGIS CTION OFF]CER To, --- at buildhrgs,State of Telangana, Hyderabad

1. The Principat Secretary, Revenue De partment, Secre 2. fhe Principal Secretary, Stamps and registration clepart'lent, Secretariat _ buildings, Stateof Tetangrn", UyOurrOij. 3. The District Collector, Khimmam, Khammam District. 4. The Revenue Divisional Officer, Khammrr, f[rrrr. District. 5' The District Registrar of Assurances - r, r<r,"mru., Bonakar road, 6. One CC to SRt c R{{_!IANDRA SEKHAR, Advocate. tOpUCI 7. Two CCs to Gp FoR REVENUE, High Court-ior tne State of ieiingana. B' Two ccs to Gp for women Deveropment & chird werfare, High court for the ^ State_oJ Telangana at Hyderabad. [OUTI 9. Two CD Copies. Khammam. tOUI BSK n LS %^l F_ HIGH COURT DATED:3110712025 ( _ ,I -i-,- ',. , :\, .til, : ll ',:' ll ,'i, "l' ORDER WP.No.21941 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS iL Aqbr g

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