Sri Mohammed Anwar Ali v. The State of Telangana

.6. Sri Khaja Wahecj Uddin @ Jahangir, S/o not known to petitioner, R/o_ Jamshedpur Viltage, Marp;lly Maridal, Vikarabad Oistrict, iijangina . ...RESPONDENTS Petition under Arricre 226 of the constitution of lndia praying thdl in the circumstances stated in the affidavit filed therewith, the High cJurt may be pleased to pass order and orders one writ, more particularly one in the natuie of Mandamus, declaring the inaction of Respondent Nos. 1 to 3 in not considering and disposing of the petitioner's application dated 02.12.2024, seeking protectioi under the Maintenance and werfare of parents and senior citizens RIt, zooz, as illegal, arbitrary, u nconstitutional, and violative of the principles of natural justice. - lA NO: 1 OF 202 5 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court nay be pleased to pass order or orders, pending disposal of the writ petition, Direct the official respondents to provide immediate police protection to the :etitioner and his wife against the acts of respondents 4 to 6, and to restrain the:;aid respondents from interfering with the petitioner's peaceful possession and enj ty,ment of his property bearing Survey No. 67/E/3, Jamshedpur Village, Marpal y lr/andal, Vikarabad District, admeasuring Ac. 2.00 guntas. Counsel forthe Petitioner: SRI P. PRASHANT Counsel for the Respondent Nos.1 to 3: SRI L. RAVINDER. ASST. GP FOR RE'/ENUE Counsel for the Respondent No.4 to 6: - - - - The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.314O7 of 2025 ORDER: This Writ Petition is frled seeking writ of mandamus declaring the action of the respondent Nos.1 to 3 in not considering and disposing of the petitioner's application dated 02-12.2024 seeking protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2OO7 (hereinafter will be referred to as 'subject propert5r'), as illegal, arbitrary and violative of principles of natural lustrce.

2. Heard learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioner submits that the petitioner, aged about 75 years, served in the 2 Central Industrial Security Force (CtS r, , a para- military force under the Government of Inrlia, from the year L972 to 2012. He is presently surviving on a pension from the Central Government. T1re, petitioner has hve daughters, a-ll of whom ale married. Subsequently, the petitioner's wife, Snrt. Raheem Unnisa Begum, passed away. On the advir:e of well- wishers and without any objection Il'c,m family members, the petitioner married Sm,,. Sayeeda Sultana, a widow.

4. However, the petitioner's younger daughter, Mrs. Sadiya, along with her husbald, Mohd. ivlirajuddin, trespassed into the petitioner's house and physically assaulted the petitioner and his '*,ife. Consequently, the petitioner lodged a complaint with tht, police on

08.05.2023. Based on said complaint, tht: Police at Chandrayangutta registered a case irr Crime No.299 12023 dated 08.05.2023 lor thr, offences I i 3 punishable under Sections 427, 38O, 323, 509 read with Section 34 of the Indian Penal Code.

5. Learned counsel for the petitioner further submits that the petitioner is the absolute owner and possessor of land admeasuring Acs. 2.00 guntas ln Survey No. 67 lEl3, situated at Jamshedpur Village, Marpally Maldal, Vikarabad District. The petitioner's daughter (respondent No. 4), her husband (respondent No. 5), along with respondent No. 6, are allegedly creating hurdles and making attempts to unlawfully grab the said property. Aggrieved by their actions, the petitioner submitted a representation dated

02.12.2024 to the 2nd respondent, seeking police protection.

6. Upon receiving the representation, the 2nd respondent appears to have issued a Form-C notice to the unofficial respondents. However, despite receiving and acknowledging the said representation, the 2"d 4 \ respondent failed to take any further act on. Aggrieved by such inaction, the petitioner hled tht present writ petition.

7. Sri L. Ravinder, learned Assistant r.jovernment Pleader for Revenue, on instructions, sulrrnits that as per the provisions of the Maintenance arrcl welfare of Parents and Senior Citizens Act, 2OO7, appropriate action sha_tl be taken by the 2nd respondent in due course of time. Accordingly, he requests rhLat suitable directions may be issued.

8. Having heard the learned counsel for the petitioner and the learned Assistant lltrvernment Pleader for Revenue, and upon examining LLe materia_l on record, this Court, without expressing r_ry opinion on the merits of the case, directs the 2.d rc:;pondent to conduct an enquiry on the petitioner,s repr,3sentation dated 02.L2.2O24 by issuing notice to the petitioner, respondents 4 to 6, and all concernecl, :;trictly in 5 accordance with law. The 2"d respondent shall pass appropriate orders as expeditiously as possible, within the time frame prescribed under the Maintenance and Welfare of Parents and Senior Citizens Act,2OO7. In view of the above direction to the 2nd 9. respondent to issue notice to respondents 4 to 6 during the course of enquiry, formal issuance of notice to respondents 4 to 6 in the present writ petition is dispensed with.

10. With the above direction, this Writ petition IS disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// Sd/.L.VIJAYA LAXMI ASSISTANT REGISTRAR G SECTION OFFICER To, 1 2 J 4 5 6 PMK The Principal Secretary, Revenue Department, The State of Telangana, Secretariat, Hyderadpd. . The District Collectorj'Office of the District Collector, Vikarabad District, Telangana. The Revenue Divisiondl Officer (R.D.O), cum Presiding officer, under senior citizen act, R.D.O Office, Vikarabad District, Telangana. One CC to SRI P. PRASHANT, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana. i Two CD Copies BN: 't.t tlk,,, 'r' I HIGH COURT DATED:16 110t2025 ORDER WP.No.31407 of 202i o ( *. 1HE SIA 2 B l'lolJ 2[25 Z. {-1) * -1F",' .*l*---.1ITTC DISPOSING OF THE WRIT PETTTION WITHOUT COSTS T ll 2[