1. Bingi Lachaiah v. The State of Telanganal Represented by its Secretary
Case Details
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/s, Order/s more particularly one in the nature of Writ of lt/andamus declaring the inaction of the respondent No.2 pursuant to the representation of the petitioners dl. 141912023 as being illegal, arbitrary and contrary to Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and consequently direct the respondent No. 2 to implement the order dt. 41112021 passed in Order No. Gl4O81l2O2O and also to cancel the gift deeds Vide bearing Document No.1 1 571 of 20'19 Dated. 03/06/201 9, Vide bearing Document No.1'1569 of 2019, Dated. 03/06/2019, vide bearing Document No.11572 of 2019, Dated. 03/06/2019 and vide bearing Document No.11570 of 20'19 Dated. 0310612019 executed by the petitioner No. 1 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Nos. 3 to 6 to comply the Order No. G/408 1/2020, dt. 41112021, passed by the respondent No. 2, pending disposat of the writ petition lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Nos. 3 to 6 to pay the medical bills of amount Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) incurred to petitioner No. 2 in respect of the treatment for Herpes Encephalitis, Dyselectrolytemia Counsel for the Petitioners: SRl. P SHIVA REDDY Counsel for the Respondent Nos.'l &2: AGP FOR REVENUE Counsel for the Respondent NOs.3&6: SRI KIRAN PALAKURTHY Counsel for the Respondent NOs.4&5: -- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3OOSO of 2o23 ORDER It is stated that petitioner Nos.l and 2 are the husband and wife, respondent Nos.4 and 5 are' the wife and husband, who are son and daughter-in-law of the petitioners, and respondent Nos.3 and 6 are mother and son, who are the daughter-in-law (wife of late Bheemaiah, elder son of the petitioners) and grandson. of the petitioners. It is further stated that petitioner No. 1 is the owner and possessor of land in Sy.Nos.47, 48,49,56, 57 and 58, total admeasuring Acs.814 guntas, situated at Thondalvai Village, Narketpally Mandal, Nalgonda District, and the same was divided and gifted to respondent Nos.3 to 6 under the gift deeds bearing document Nos.11571, 11569, 11572 and 11570 of 2019, dated
03.06.2019, for cultivation without keeping any land for their welfare and maintenance. It is lurther stated that after acquiring the said land, respondent Nos.3 to 6 are not providing any maintenance and thcy are also not attending medical emergencies and therefore, they were constrained to lodge a complaint before respondent No.2 under the provisions of thq Maintenance and Welfare of Parents and Senior Citizens Act, t 2 .t 2OO7 (for short "the Act"), seeking cancellation of gift deed ancl also for maintenance. The grievance of the petitioners is that even after receipt of said complaint, respondent No.2 did not take any action on the said complaint.
2. After issuing notices, the learned counsel for the respective parties made their efforts for amicable settlement of the disputes between the petitioners and respondents, who readily agreed the proposal mooted by thc counsel for the petitioners for paying lurrli-sum amount as maintenance. The respondent Nos.3 to 6,herein have agreed to pay an amount of Rs.8,0O,O0O / - (Rupees eight lakhs only) and the respondent No.4 has agreed to pay an amount of Rs.9,0O,0OO/- (Rupees nir-re lakhs only) to the petitioners towards full and final settlement of the maintenance and the petitioners agreed for the said proposal with an assurance that they will not claim any amount towards maintenance in future before anv of the forum. ? The efforts made by the learned counsel appearing for the parties to convince the parties for amicable settlement are placed on record. It In vieu, of the aforesaid submissions, this writ petition is disposed of, directing respondent Nos.3 and 6 to pay the agreed 3 ar+ount of Rs.8,O0,0O0/- (Rupees eight lakhs only) to the petitioners towards maintenance, within a period of two (02) months from the date of this order. Further, respondent No.4 is directed to pay the agreed amount of Rs.9,00,000/- (Rupees nine lakhs only) to the petitioners towards maintenance, within a perrod oi three (O3) months from the date of this order. Further, payment of the aforesaid maintenance amounts, does not release respondent Nos.3 to 6 from discharging their pious obligation to atlend the petitioners in medical emergencies and to extend all necessary help to the petitioners as and when they needed. There shall be no order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY' SD/- L. VIJAYA LAXMI ISTANT REGISTRAR S SECTION OFFICER I
2. J.
4. 4 The Secretary, Revenue Department, Secretariat, The Revenue Divisional Officer, Nalgonda Division and District. One CC to SRt. P SHTVA REDDy Advocate [OpUC] One CC to SRt KIRAN PALAKURTHY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana touTl erabad I 6 KKS GJP Two CD Copies 0n- HIGH GOURT DATED:1 510412025 ORDER WP.No.30050 of 2023 c frr I (- \a -, o ,) 11 AUE zIE 2" * Op Sl'r.1rei- 0 * DISPOSING THE WRIT PETITION WITHOUT COSTS (+ 4 $