High Court · 2025

Petition under Article 226 of the Cqnstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an orders or issue any dilections or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declare the action of the 3rd respondent impugned order Dated rc.q7.2025 vide proceedings in case No. Gt32OBt2O24 in not considering the rQpresentation Dated 31.09.2 024 for registering the property bearing plot No. 932 an extent of 128 Sq.Yards consisting of G(PLUS) 1 in Sy.No. 98, 99, 100, 101 and 112 situated at Almasguda, Balapur lVlandal, Ranga Reddy District from the 5th respondent vide his document No. 596512020 Dated 28.12.2020 which is arbitrary, illegal, violation of the principles of natural justice and consequently set aside the same. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that ih the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to entertain document for registration pertaining to property bearing plot No. 932 an extent of '128 Sq.Yards consisting of G+1 in Sy.No. 98, 99, 100, 101 and 112 situated at Almasguda, Balapur Mandal, Ranga Reddy District, pending disposal of main Writ Petition in the interest of Justice. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the 3rd respondent impugned order Dated 19.O7.2025 vide proceedings in case No. G/3208/2024, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI PRAVEEN KUMAR VEERJALA Counsel for the Respondents No.1to4 : ASST. GP FOR WOMEN & CHILD DEV WEL Counsel for the Respondents No.5to7 : -- The Court made the following: ORDER @ n THE HONOURABLE Szu JUSTICE K. LAKSHNIAN WRIT PETITION 0.24997 of 2025 ORDER: Heard leamed counsel lor tle petitioner and Mr.L.Ravinder, leamed Assistant Govemment Pieader for Women and Child Development Welfare appearing orl behatf of the respondent Nos.l to4

2. The petitioner is the mother. fl.espondent Nos.5 and 6 are her sons. Respondent No.7 is the latherrin-iaw ofrespondent No.5. The petitioner filed an applicarion under Section 23(1) of the Maintenar.rce and Wellare of Parentp and Senior Citizens Act,2O0'/ (hereinafter referred to as "the ,A.ct") before respondent No.3, seeking cancellation of the registergd Sale Deed bearing Document No. 5965 0f 2020, dated 28.t2.202b Vide order dated 19.07.2025 in Case No.G/3208/2024, respo4dent No.3 aliowed the said application and directecl respondenti Nos.5 and 6 to pay an amount of Rs.7,0001 per month to the pptitioner towards mainrenance. However, he did not consider i the petitioner's prayer for cancellation of the aforementiqned Sale Deed. Therefore, challenging the said order. she has filcd the presenr writ petition. 2

3. In fact, the impugned order dated 19.07 .2025 ts an appealable order in tetms of Section 16(l) of the Act. Holvever, in her application dated 31.09.2024, the petitioner specif,rcally requested respondent No.3 to cancel the Sale Deed, although she lailed to mention the docurnent number and date. She only refen ed to the house number, i.e.,8-1-911172/3, situated at Hasthinapuram South Colony, Saroor Nagar lvlandal, Ranga Rcddy District. However, she sought cancellation of the registered Sale Deed executed by her in lavour of respondent No. 5

4. The petitioner has filed a copy of the said registered Sale Deed, which was executed on 28.12.2020, in respect ol the house in Plot No. 932 (East Parl), admeasuring 128 square yards with a built-up area of 594 square f'eet each on the ground and first floors, situated at Almasguda Village, Balapur Revenue lvlandal, Ranga Reddv District.

5. The petitioner is a senior citizen. Since she did not mention the Sale Deed number in her application, respondeut No.3 did not consider her request. However, if the document number and date were not mentioned, respondent \o.3 ought to have called upon the petitioner to furnish the same. Instead, he proceeded to award : ,. I 3 an amount ol Rs. 7,0001 per montfi to the petitioner, to be payable by respondent Nos.5 and 6 each.,Therefore, the impugned order dated 19.07.2025 is in violation of the procedure laid down under the Act. Although the impugned prder is appealable, since there has been a procedural violationS the present writ petition 1S maintainable.

6. tn the light of the said sulirmissions, notice to respondent Nos.5 to 7 is dispensed with.

7. Accordingly, the writ petitiqn is disposed of. The impugned order dated 19.01 .2025 in Casel No. Gi3208l2024 passed by I/ I respondent No. 3 is set aside Ttre matter is remanded back to respondent No.3 with a directioFr to consider the petitioner's I application dated 31.09.2024 filedjunder Section 23(1) of the Act and to dispose of the same stpictly in accordance with the procedure laid down under law,; by putting the petitioner and respondent Nos.5 to 7 on notice anfl affording them an opportunity. Liberty is granted to the petitiqner to submit a copy of the registered Sale Deed along with a popy of this order to respondent No.3 with a request to consider {he same. However, respondent No.3 shall dispose of the said application within a period of thirty 4 I (30) days lrom the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.K.AMMAJI DEPUW REGISTRAR SECTION OFFICER To, \

1. The Principal Secretary (Revenue), Dr. B. R. Ambedkar Secretariat Bhavan, State of Telangana, HYderabad.

2. The District Collector, Ranga Reddy, Ranga Reddy District 3. The Revenue Divisional officer and Sub divisional, Kandukur Division, Ranga Reddy Diskict.

4. The Sub-Registrar, L.B. Nagar, Ranaga Reddy District. 5. One CC to SRI PRAVEEN KUN/AR VEERJALA, Advocate. IOPUC] 6. Two CCs to GP FOR WOMEN & CHILD DEVELOPI\NENT WELFARE, High Court for the State of Telangana. [OUTI

7. Two CD Copies. BSK HIGH COURT DATED:2810812025 CC TODAY

12.. a ii[. ii ]'41 .:'--1 '....'... o.J )-- [2q 2[25 !1 Ct \i * * -n .)H/\ I r P' ORDER WP.No.24997 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ),w