The High Court · 2025

Smt. P. Sunitha, D/o. G. Narayana, Aged about 38 years, Occ. Employee, R/o. H.No. 42-46915, Survey No. 347, Shiridi Hills, Anjaiah Nagar, Jagadgirigutta, Quthbullapur, MedchalMalkajgiriDist ...RESPONDENTS 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 a Writ Order or dlrection particularly in the nature of Writ of certiorari calling for the records relating to the order passed by the 2nd respondent in Procgs.No.Ll3320l2024, dated 11.O7,2025, and set aside the sa me. lA NO: 2 OF 2025 Petition under section i 51 cpc praying that in the ; r-cunrstances stated in the affidavit filed in support of the petrtion, ir,e uign cour may be pleased to suspend the order in Procgs.No.L t332or2024, dated i 1.o7 o2d passed by the 2ndRespondent herein erse the property wiI be arienate:r io third parties to defeat the petitioner rights lA NO:3 OF 2025 Petition under section r 5'1 cpc praying that in the . cumstances stated in the affidavit filed in support of the petition, ihe High cou 1 may be pleased to extend the rnterim order dated 1 1.og.2o2s in w.p.No. 23s1( )f 2625 suspending the Proc: No.L13320r2o24, Dated 11 .o7 .2025 passed by t r : 2ncr Respondent, else the property wili be alienated to thrrd parties to defeai [^e petrtioners righG. lA NO: 4 OF 2025 Petition under section i 51 cpc praying that in the ( i cumstances stated in the affidavit fired in support of the petrtion, ine Higrr court may be preaseJ to extend the interim order dated -l 1 .og.2oz5 in w.p.No.235 16 , f 26zs suspending the Proc No. L/3320i2024, dated 11.or.2025 passed by t r 2nd Respondent, else the Property wili be alienated to thied parties to defeat ttr, cetitionerls rljtri lA NO: 5 OF 20 25 Petition under Section 151 cpc praying that in the crr ;umstances stated in the affidavit filed in support of the petition, ir,e nign cou-ay be preased to extend the interim order dated 1 1.08.2025, in W.p. No 235 lztizs s'uspenJing the Proc No. L/3320/2024, dated 11.01 .2025, passed by rr 2nd Respondent, else the property wirr be arienated to third parties to defeai th,> .:)etrtionerls iighis. Counsel for the Petitioner: SRI AEDULA GOVINDA REDDY counsel for the Respondent No 1: SRr L RAVINDER AGp FC,r r REVENUE Counsel for the Respondent No 2: SRI M YADAGIRI AGp FOR WOMEN AND SENIC I CITIZENS DEPT Counsel for the Respondents No 3 & 4: SRI p R MANOHAR The Court made the following: ORDER -7#,._rY // -,/ THE HONOURABLE SRI JUSTTCE E.V.VENUGOPAL WRIT PETITION No.23516 of 2O25 ORDER This u,rit petition is filed for the following prayer: "...to issue a wnt of cert[oran calling for tlrc records relattng the order passed bg the 2,n resportdent in Procgs. No.L/ 3320/ 2024, dated 11.07.2025, ancl set aside the sante..."

2. Heard learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing lor respondent No.l, Mr. M.Yadagiri, learned Assistant Government Pleader for Women and Senior Citizens Department, appearing for respondent No.2 and Mr. P.R.Manohar, leamcd counsel for respondent Nos.3 and 4. Perused the record

3. Learned counsel for the petitioner would submit that the petitioner is the bonafide purchaser from the respondent No.4, who had in fact executed the sale deed along with her mother by name Smt. Yadamma for a valuable consideration on 13.O3.2024 uide Regd.Doc No.689O/2024 in respect of H.No.42-469l5 with built up area of 2OO Sq.Feet of ACC, land admeasuring 1OO Sq.yds or equivalent to 83.6 Sq.Mts in Sy.No.347, and H.No.42- I t I \ I ,I 2 469 /6, with a plinth area of 250 Sq I cet or RCC admeasur ing 58.0 Sq.Yds in Sy.No.348i I situatccl ztt Shiridi Hills, Anjaiah Nagar, Jagathgiriguttir -)uttrbullapur Village-- :rLrcl N'larr-rclal, undcr GHMC Clr-rr r., Meclclt:rl Malka.lgiri District, which are dul,r, registcrc: on thc officc of SRO, Qtrt}'rbullapur.

1. Le arned counsel for the petitioller r oulcl further submil tl'rat bt plaving fraud on the pctiti<tnc -. rcspondcnt Nos.3 aDd -] h:Lr,e ir-rstituted eL laisc casc l>ef,r c rCsponclcnt I'io.2 b,r' involiirrg the jurisdiction ol crir r: r-rndcr the N'laintena:ri'c aLncl Welfare of Parcnls artrl S t rrior Citizens Act, 2O07 (lor slrort "the Act, 2OO7") and tlrt' r orrt'spor.rrlir-rg Rules thcrc unclcr. Vide irnpugncd proc.r r clinqs, cl:rtt,rl 11 .O7 .2025. respondent No.2 hacl cancellcd li-re gilt deed No.2aa57 l'2022. clated 21.1O.2022 rcgist,r c'd at Sub- Rcgistrar Office. Quthbullapur, exccutcd :t l:rvourr of respor-rdent No.-1.

5. It is further submitted that in the witnc;s colurnn of the sale cleed, one Mr.G.Naryana, who is t re petitioner before the respondent No.2 in the impugnecl p oceeclings, is shown as n itness, suppressing the said facr . :l false case- \ 3 has been fi1ed. Vide impugned proceedings, respondent No.2, cancelled the gilt deed No.28857 12022 and reverted back in favour of respondent No.3 herein under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens AcL, 2OO7, to effect the rights of the petitioner herein. Hence, he would submit that the petitioner being the victim of the fraudulent activities, having no other optior-r, filed this writ petition seeking to set aside thc order passed by respondent No.2.

6. Appearing online, learned counsel lor tl-re respondent Nos.3 and 4 rvould submit that respondent No.4 has played fraud on respondent No.3 on Lhe pretexl ol obtaining balk loan for development of the propertv, 1-r ad misrepresented rcspondent No.3 that the said agreement required to be cxecuted for the purpose of obtaining loan and accordingly, the gift deed had been obtained and through u'hich, the sale deed has been cxecuted in favour of the petitioner herein in collusion, where the mother of respondent No.4 is also signatory to the said sale deed. Having come to know the said fact, respondent No.3 had filed an application before respondent No.2 under the AcL, 2OO7 and the -z ^ ''\ 4 correspondent Rulcs thcrein. Vide impr-r r red order i t-t proceedings No.1,1332012024, dated l1.O7.t ( 25, c:ancelled the gilt dced and revertcd back in favolu' ,1' r',,-spondent No.3. Hencc, l-rc sccl<s l-o pass appropriate or'( crs 7 . Learned Assistant Gove rnment Plead: ' for Womcn and Scnior Citrzcns Department u,ould subrni th:rt tl-re fact of furthcr exectrtion of sale dced has been lou11l-rt to the noticc oI rcsponcicnt No.2 Tribunal. Respoir ler-rt No.2. b.r rcl,r'it-tg Llporl 1hc submissions of botl-r part cs rLnd aftcr exatnirratiorr of tlrt' rna[erial before it, passerl I-rc- ,rnpugncr] procecdir-ri1s. I It'nt'r:, he seel<s to pass arpproF,l irtc .rrders

8. Ilaving lr<'arcl leat-r'rcd counsel for tl t pctitioner, lcamccl Assistant (]overrtrncnt Pleadcr for- \Vr>;nen artrI Senior- Citizer-rs Wclfare Department and 1c,t trccl counsel lor respondcnt Nos.3 and 4 and material plar:r 1l bcfore this Court, tl'ris Court is of thc considered \ I r\\' that thc impugncd proct:cdings have been issued lr rsecl on tht: material placed before the Tribunal, whicl hrive been obtaincd b,r. suppression of fact and mis; t prcsentation before the said authority by respondent I os.ll and 4 u'ithout arravir-rg the petitioner AS part) n the said -'-^.: i I I I I I I I I I I i I 5 proceedings. Il it has been issued after hearing both the parties, the Tribunal cannot be find fault. Hou'ever, learnecl counsel for respondent Nos.3 and 4 'n,ho filed vakalath on bchalfl of respondent Nos.3 and 4 rvould submrt that respondent No.4 had committed fraudulent actlvrtres Respondent No.3 filed a case before respondent No.2 against respondent No.4. Therefore, this Court deems it appropriate to set-aside the proceedings issued by respondent No.2, where the said proceedings have been issued \\,ithout making the petitior-Ier as necessary pzirty, u,ho u,ould be the effected by the said proceedings.

9. Accordingly, this u,rit petition is disposed of. It is made clear that this Court order rvill not preclude the parties to this writ petition to rvork out the remedies as available under law. There shall be no order as to costs Miscellaneous applications, if any pending, shall stand closed SD/-K.BHAVANI SWAMY SISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department' Secretariai, HYderabad The Revenue Divisional Officer, Malkajg,ir! O-i,v19l9,1al{{kaiqiri (The lvlaintenance and weltare or "plieiis aiE senior citizens tribunal) 2 te of Telangana,

3. One CC to SRI AEDULA GOVINDA REDDY Advocat: IOPUC] 4. Two CCs to GP FOR REVENUE ,High Court for the S;l rle of Telangana at Hyderabad [OUT]

5. Two CCs to GP FOR WOMEN AND SENIOR CITIZENS )EPT , High Court for the State of Telangana at Hyderabad. [OUT] 6. One CC to SRI P MANOHAR , Advocate [OPUC] 7. Two CD Copies \ DAN )k HIGH COURT I I DATED:2911012025 ORDER WP.No.23516 of 2025 t .A\ '; i' ..': ,,tl -:* ,z' ,,,1., i0r,iilffi --:= cr 1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 LD \v