Parsanaboina Renuka v. Special Tribunal for Maintenance and

'I . The State of Telangana, Rep by its Principal Secretary (Revenue)' Dr' B' R' 2. the District Collector, Nalgonda, Nalgonda Digt!c.! -Oftiiei 5. iii" n"r"i* Oirisionai - w"ftro oi parents and Seni, Devarakonda, District Nalgonda' "nd 4. The iahasildar, Gurrampode Mandal, Nalgonda District' s. K;il Li"s;iir,, s/;. P;a;-nimutu, ng6-oo vears, occ Asriculture' R/o' " ii;ii;"r;:ti;;"i, H/. grimteau villbsdof Guirampode Mandal, Nalgonda District. parvathamma, w/o. saidulu, Age. 43 years, occ Agriculture, R7o. 6. v;;; - ir.rnil.a, (V) of Munuqode Handal, Nalgonda Dist Now present Rl/o ' z br"t, vJ"qifr'ma, wio. i{Jmi si"arv, Age. 41 .years, occ Agriculture, Rl/o. ' e6Jr*Jdr-Grdoi, eujja village of Narbvanapur (M), Bhongir Dist B. ffirr;;- r"or,iii, Wo. dopal, nge g0 vears, Occ Agriculture' R/o' Pisumala vil(age of Hayalhnagar (M), R R District lpparthy(V) lvlunugode (M), Nalgonda Dist ...RESPONDENTS Petition under Article 226 oI the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to pass an orders or issue any directions or issue any appropriate writ moreparticularlyinthenatureofWR|ToFMANDAMUSdeclaringthe3rd respondent impugned order Dated 27 tO5l2O23 vide proceedings No' M136212O22 in cancelling the gift deed document bearing No. 1135212020 Dated 0610812020 was executed in favour of the petitioner by the Sth respondent land an extent of 1 Acre25GuntasinSy'No.357/30situatedatChamleduVillageofGurrampode Mandal, Nalgonda District in contrary to the provisions under section sub-section '1 of section 3 of the [/aintenance and welfare of parents and senior citizens Act 2007 without following due process of law which is arbitrary, illegat, violation of the principles of natural justice and to consequently set aside the same lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to suspend the impugned order Dated 2710512023 vide proceedings No. [,4/362/2022 passed by the 3rC respondent in cancelling the gift deed document bearing No. 1135212020 Dated 06/08/2020 was executed in favour of the petitioner by the Sth respondent land an extent of 1 Acre 25 Guntas in Sy.No. 357/30 situated at Chamledu Village of Gurrampode Mandal, Nalgonda District in contrary to the provisions under section subsection 'l of section 3 of the Maintenance and welfare of Parents and senior citizens Acl 2007, pending disposal of main writ Petition in the interest of Justice Counsel for the Petitioner: SRl. PRAVEEN KUMAR VEERJALA Counsel for the Respondent Nos. 1,2&4: GP FOR REVENUE Counsel for the Respondent Nos. 3: AGp FOR WOMEN DEVELOPMENT AND CHILD WELFARE Counsel for the Respondent Nos. 5to8: SRI SHIV SHANKER TIWARI The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PET ITION No.3 3418 0F 2024 ORAL ORDER Heard Mr. Praveen Kumar Veer.iala, lcamed counsel for the petitioner, leamed Assistant Govemment Pleader for Women Development and Child Wellarc and Mr' Shiv Shanker Tiwari' leamed counsel for resPondent Nos.5 to 8.

2. The petitionet herein and rcsponclent Nos'6 to 8 are the daughters of respondent No.5. Respondent No'5 has executed a registered Gift Settlement Deed bearing document No 11152 of 2020 ' dated 06.08.2020 in respect of the land admeasuring Acs l '25 guntas in Survey No.357l30, situated at Chamledu Village of Gurrampode Mandal, Nalgonda District in favour of the petitioner herein'

3. Thereafter, respondent No'5 has lllsd an application under Section - 4 (t) of the Telangana Maintenancc and Welfare of I'arents and Senior Citizens AcL 2007 (for short 'Act, 2007') befbre respondent No'3 seoking cancellation of the said registercd Gift Settlement Deed' Vide order dated 27 .05.2023, respondent No 3 allowed the said application and ordered to cancel the said rcgistered Gift Settlcment Deed' Chatlenging the said order, the petitioner filed the present writ petition' 2 KL,J W.P No I1478 of2024

4. IL is the specif-rc contention of thc petitioner that respondent No.3 has rrot scn ed any notice on the petitioner and. therelbre. l_he impugncd ordcr dated 27 .05.2023 ol responden[ No.3 is in violation of principles of natural .iustice. There is spccific asserti()n to the said el-fcct in paragraph No.7 of the writ af fidavit.

5. On consideration of the said aspects onl1. vide ordcr dated

28.11.2024 this Court granted stay olall furthcr proceedings pursuant to the irrpugned order dated 27 .05.2023 on thc condition of pctitioner paying an amount. of t{s.5,000/- (Rupecs Iive -Ihousand Only). tt is the specifrc coutention of leamed counsel for the petitioner that the petitioner has bccn paying the said amount of Rs.5.000/- to rcspondent No.5 and the samc is conlirmcd by'Mr. Shiv Shaniicr 'l'iwari, leamcd counsel lbr respondent Nos.5 to 8. Despite granting. libcrty to lcamed Assistant (iovemment Pleader for Women Deve lopment and Child Welfare, to get instructions with rcgard to serving of notice on thc petitioner and affording an opportunity while disposing of the aloresaid application filed bi. respondent No.5, no instructions have been fumished.

6. A(lmittedly, the impugned order is an appealable order in terms Section - 16 (1) ol the Act, 2007. Despite availabiliry of alrernarive \,. -// i 3 KL..] w P No 31478 of2024 remedy of appeal, still the present writ petition is maintainable under the following three circumstanses as held by the Hon'ble Supreme Court in Asst. Commissioner of State Tax v' Commercial Steel Limitedl and also Whirlpool Corporation v. Registrar of Trade Marks' Mumbai2' l. ii. i ii. A breach of fuirdamental rights; A violation of thc principles of natural .iusticc; An excess ofjurisdiction; or a challenge to the vlres of the statutc or delegated legislation '

7. As discusse<i above, in the present casc' it is the specific contention o1 thc petil-ioncr lrercin that respondent No'3 has passed impugned order without serving notice on hcr and rvithout af'fording an opportunity. Therefore, the impugned ortler is in viotaLion of principles of natural justice and also the procedure laid down under the Act' 2007 and the Rulcs made thereunder, and also the principte laid down by the Hon'ble Supreme Court in Sudesh Chhikara v' Ramti Devi3 and Urmila Dixit v. Sunil Sharan Dixita, wherein it was hcld that the following are the pre-requisites under Section - 23 (1) of thc Act' to get the .iurisdiction to the maintenance Tribunal, to canccl the registered gift settlement deed (2022) 16 SCC 447 (r99E) 8 SCC I 2022 SCC 0nLine SC 2025 INSC 20 t6E4 ir.:, ' :t 1 4 Kl-.J W P No 11478 01.2024 (i) The tra,sfcr must have been made subject r-o the condition that the transf-erec shall provide the basic amcnities and basic physicat nced i trr Ihc translL.r()r, (ii)'rhe transf'eree reriscs or fairs to provide such amenities and phr,sical nceds kt the transf'eror. ll. In the light o1 the ahove cliscussion, the impugned ordcr <latcd 27 .05.2023 of respondent No.3 is set aside. The matter is remanded back to respondent No.2 fbr passing ortlers afiesh. Respondent No.3 shall consider the pendency o1-three (03) suits i.e., O.S. No.27g of 2021 filed b1' the petitioner herein against respondent Nos.5 to 7 for pcrpetual i.rjtrnction and subsisrenc e of interin injunction; O S. No.532 of 2021 filed b1, respoudcnt Nos.6 to g herein againsL lhc petitioner ancl respondent No.5 herein for partition and cancellation of registerod Gift Settlemenr Decd bearing document No. 11352 L>f 2020.dated 06.0g.2020 and O.S. Nc,.l6 ol 2022 ftled, by respondenr No.5 hercin againsl the petitioncrs herein seeking canccllation of the aforesaid registered Gift Settlement Deed_ T'here are no interint orders in other two suits. Respondent lrro.3 shall consicler the aloresaid pre_requisites as held by the .{pe+fCorrrt in Sudesh Chhikarar and Urmila Dixita. Howeveq he shall pass th,: orders by putting the petilioner herein and respondent 5 KL.J w P No.13478 of 202'r Nos.5 to 8 on notice and affording them an opportunity within thirty (30) days from the date of reccipt of copy of this order' Till then' the petitioner herein shall pay the afbresaid amount of Rs'5,000/- respondent No.5.

9. With the aforesaid observations and directions' this writ petition is disposed of. In the circumstances of the ca^se' there shall be no order as to costs. As a secluel thereto. miscellancous petitions' if any' pending in the writ petition shall stand closcd' S - P. PONNA KRISHNA ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, T.S..Hvderabad. kar Secretariat Bnavan, 1 . The Principal Secretary (Revenue), Dr' B R A , il;'Ditt*t bottector, Nalsonda' Nalgonda Digtllcl 3 The Revenue oivisionai'U#ri;; t'il SGtEi Tribunal for l\/aintenance and " tjtljtri" tj' i;r-'r""il i"o s""i, Devarakonba' District Nalsonda' 4. il;'i;h;sildir, Gurrampode Mandal, Nalgonda. District' ;. d; bCi;"6Ci. FRAVELN kuM[R VeeR'lnm' Advocate toBu-cl 6 iil; 66. t" cC rbn ntVer'rUH,irlgh coutt for the state of relansana at T Two CCs to GP FOR WOMEN DEVELOPMENT AND CHILD WELFARE' ' i6 do-r"tt'ior. m. State of Telangana' at Hyderabad [oUT] Hvderabad [OUT] Two CD CoPies BM PVL o IM, ,V HIGH COURT DATED:2810812025 ORDER WP.No.33478 o12024 /r' ., .1'o ,: r-u ",.i { (-, 2 5 s:tP Z,f t, \\ i t_, .\._-- .,,-,, *.2', DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ qU q