High Court · 2025

Wife of Late Srinath Reddy, aged about 64 years, No.2-6-262, block no.6, ward no.2, Housing Board, gana State. ...PETITIONER AND 1 z THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department, Secretariat, Telangana- THE PRESIDING OFFICER, Maintenance Tribunal and Revenue Division Court, Thorrur, Mahbubabad Diskict.

3. THE DISTRICT COLLECTOR, Mahbubabad District. 4. PAKANATI SRIDEVI, Wife of Sri Srujan Reddy' aged about 49 years, Occupation Business, Resident of H.No 23-2-59lA'/1 , New Sayampeta Goveinment High School, Hunter Road, Hanmakonda, Tehngana State ...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 an appropriate it, order or Direction, more particularly one in the nature of writ of Mandamus. a. Declaring the action of Respondent No.2 in not taking any action on the repfesentation and application of the Petitioner dated 27.03.2023, 26.04.2024. 30.09.2024 and 16.12.2024 as well as several oral representations including telephonic communication between August 2023 to August 2024, for implementation of Order dated 19'07 '2023 in R.C.No.C/619/2023 passed by the Respondent No.2, for payment of monthly expenses of Rs.1 .0,000/- per month by the Respondent No.2 to the Petitioner commencing f rom 1 .9.07 .2023 as illegal, arbitrary, non-exercise of statutory powers as contemprated U/s.1.1 0f the lvraintenance and werfare of parents and Senior citizens Act, 2007 and viorative of Articre .14 and 21 of theconstitution of lndia b Direct the Respondent No.2 to forthwith take action for imprementation of Orders dated .1 .9.07.2023 in R.C.No.C/6.19/2023 passed by the Respondent No.2 thereby to take a' necessary steps for recovery of the dues and the continuation of monthly payments from. the Respondent No.4 to the petitioner. IA NO: oF 2025 1 Petition under Section 151 CPC prayrng 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 forthwith take action for imprementation of orders dated 1907 2023 in R.c No.Cr61gt2o23 passed by the Respondent No.2 so far as the recovery of the dues and the continuation of monthry payments from the Respondent No.4 to the petitioner is concerned. Counset for the petitioner : SRI DHARMESH D.K.JAISWAL COUNSCT fOr thE RESPONdENTS NO.1tO3: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.4 : The Court made the following: ORDER I - THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2 59 18 0F 2025 ORAL ORDER: Heard learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents'

2. The Petitioner herein is the mother ald the 4th respondent is the elder daughter of the petitioner' The petitioner herein filed an application under Section 4 of the Maintenance And Welfare of Parents ald Senior Citizens Act, 2OO7 (for short 'the Act) before ttre 2nd respondent seeking maintenance from 4th respondent i'e'' Pakanati Sridevi-elder daughter and younger daughter Pingali Srivani.Videorderdatedlg'O7'2023,the2"drebpondent directed the 4tn respondent and Pingali Srivani to pay an amount of Rs. 1O,OOO f - every month to the petitioner'

3. Challenging the said order, the 4th respondent filed a writ petition vide W.P.No.34614 of 2023 and this Court vide orderdated22.oT.2o24dismissedthesaidwritpetition. According to the learned connsel for the petitioner' the 4*' responcient did not prefer any appeal challenging the said r-! ! 2 order. It attained frnality. Therefore, petitioner had submitted representations dated 27.O3.2O23, 26.O4.2024, 3O.O9.2O24 and 16.72.2024 to respondent No.2 with a request to enforce the said order. Despite receiving and acknowledging the said representations, the 2"a respondent did not act upon the same. Aggrieved by the said inaction of the 2"a respondent, the petitioner has filed the present writ petition.

4. According to the petitioner, her younger daughter has been paying the aforesaid amount of Rs. 1O,OOO/_p.m. awarded by the 2.d respondent vide order 19.07.2023, to the petitioner and there is no default on her part.

5. Whereas learned Assistalt Government rpleader for Child and Social Welfare Department on instructions would submit thit the 2.d respondent will consider the said representations submitted by the petitioner seeking enforcement of the order passed by the 2"a respondent by putting the petitioner and the 4th respondent on notice and affording them an opportunity. 7/ 3 It is relevant to note that Section 11 of the Act deal 6. with Enforcement of order of maintenalce' It is extracted below: "(1) A copy of the order of maintenance and including the order regarding expenses of proceedings' as the case may be, shall be given without payment of any fee to the senior citizen or to parent' as the case may be, in whose favour it is made and such order may be e.rfo."ed by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non- or as lhe case maY be, payment o[ the allowance, expenses, due. (21 A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure' 1973 (2 of 197 4l arrd, shall be executed in the manner prgscribed for the execution of such order by that Code'" { 7 In the light of above submissions, this Writ Petition is 2'd respondent to consider the disposed of directing the dated 27.03 .2023, 26.O4'2024, aforesaid representations 3O.OI.2O24 arld 16.12'2024 submitted by the petitioner and pass appropriate orders in accordance with law' by putting the petitioner and the 4th respondent on notice arrd 4 by affording them an opportunity. He shall complete the entire exercise within thirty (30) working days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaleous petitions pending, if any, shall stand closed. //TRUE COPYII SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER oT Telangana, Telangana. I horrur, Mahbubabad District. '1 The Principal Secretary, Revenue Department, Secretariat, State Of 2. The Presiding officer, Maintenance Tribunar and Revenue Division court, 3. The District Collector, Mahbubabad District. 4. One CC to SRt DHARMESH D.K.JA|SWAL, Advocate tOFUCl 5. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana.

6. Two CD Copies. BSK BS HIGH COURT DATED:01t}9t2O2S I Li P 2$25 TC ORDER WP.No.25918 of ZO2S DISPOSING OF THE WRIT PETITTON WITHOUT COSTS wL1lu