High Court · 2025

4. SHO, Police station, Hanumakonda Chowrastha, Hanumakonda District' 5. B. Srinivas, S/o B.Shekar, Age 56 years, Gudibandal, Hanumakonda' Hanumakonda District. .....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 a writ, order. or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 2nd Respondent regarding the impugned order in proceedings of the Appellate tribunal for maintenance of parents and senior citizens act Rc.No. F1t204112024 dafed. 12-12-2024 without compliance of the trrlaintenance of Parents and senior citizens Act and its objective, violative of principles of Natural justrce, violative of articles 14, 19,21 and 3004 of the C(,nstitution of India, without being heard pervr:rse and biased as illegal, arbitrary, and contrary to the Act and the Rules and consequently direct to set-aside 2nd respondent impugned order and upheld the 3rd rospondent order Rc.No. D/13301202t dated 21.1 1.2024 expeditiously. l.A.NO:1 OF 2(t25 Petition Under Section I5l CPC praying that in the cirr:umstances stated in the affidavit filec rn support of the petition, the High Court ma1, be pleased to issue a Writ, Or(jer or direction more particularly cine in the natrrre of a Writ of Mandamus der:lerrin g the action of the 2nd respondent regardinl; the impugned order in proceedrngs of the Appellate Tribunal for maintenance of parents and Senior Citizens Act llc No.F11204112024, dated 12-12-2024 without compliance of the [Vaintenance of F arents and Senior Citizens Act and its objective, violative of Principles of llatur;rl Justice, violative of Articles 14, 19,2j ard 300A of the Constitution of lnCia without being heard, perverse and biased as illegal, arbitrary and contrary to the l\ct and the Rules and consequenfly direct to set aside 2nd respondent inrpugr erd order and upheld the 3'd respondernt Order kc. No. D/l 330i2024, fat :d 21 -1 1 -2024 expeditiousty. Counsel for the Petit,loners : M/s T.NAGINI VIJAYA LAKSHMI Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent No.4 : G.P FOR HOME Counsel for ther Respondent No.S : - The Court made the following ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.114 of2025 ORDER: This Writ Petition is filed under.Article 226 of tbe Constitution of India, seeking the following relief: "...to issue a Writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondent No.2 regarding the impugned order in proceedings of the Appellate tribunal for maintenarce of parents ald Senior Citizens Act Rc.No.Fl/2041/2024, d.ated, 72.12.2024 without compiiance of the Maintenance of Parents and Senior Citizens Act and its objective, violative of principles of Natural justice, violative of articles 14' 19' 2I and 3OO-A of the Constitution of India, without being heard, perverse ald biased as illegal, arbitrary and contrary to the Act and the Ru1es and consequently direct to set aside respondent No.2 impugned order and upheld the respondent No.3 vide order Rc.No. D/ l33O/2O24 dated' 21.11.2024 expeditiously and pass..."

2. The petitioners are aged about 82 years and they are senior citDens, frled a complaint against respondent No.5, who is the son of the petitioners, on the hle of respondent No.3-Tribunal constituted und'er the provisions of the Maintenance and Welfare of Parents and Senior Citizens Acl, 2OO7 (for short, "the Act, 2OO7"l and the Tribunal uide Order No.D/133012024, d,ated 21.11.2024, directed respondent No'5 to I handove,r rire possession of the jewellery shop to the petitio.ners within five days from the receipt of the order and to grroride maintenance to the petitioners, u,ho are senior crtiz:ns. Aggrieved by the said order, respondent No.5 har; hl,:d an Appeal on the hle of respondent No.2 uide Jir:.No.F1/2041/2024. By an order dated

12.12.t2ct24, respondent No.2 set-aside the orders passed by re,spondent No.3 on the ground that no notice has ber:r:. issued to respondent No.5 before passir:g hnal order and remanded the matter to the Tribunia.l for fresh enqui4,, b.r putting all the interested and effected parties on notice and by duly verifring all Court cases involved anrl pass appropriate order.

3. Cor:.sicl,:red the submissions of the learned r:ounsel for the lespt:,:tive parties. 4 Printa-.f,zcie, it appears that that responrient No.3_ R.D.O., Ha.numakonda, without issuing noti,:e to respond.e:rt llo.5 passed final orders. While the etppeal has been filr:d on the file of appellate auth.ori!2, the appellate authority seems to have not issued any notice to the petitioners, while setting aside the orders passed by respondent No.3. Both the authorities have passed final orders, without issuing notices to th-e persons, who are interested and effected parties over the subject I I matter of the cases. I I , I

5. In view of the above, this Court is of the opinion that the ends of justice would be met if both the orders passed by respondent Nos.2 and 3 are set aside and the matter remanded to the original authorit5r for fresh consideration after issuing notices to the petitioners and respondent No.5, respondent No.3 shall pass orders strictly in accordance with the provisions of the Act, 2OO7 and the Rules made there under and communicate the same to the parties, within a period of four (04) weeks from the date of receipt of a copy of this order.

6. With the above observations, the writ petition is disposed of. No Costs. I.s a sequel, the miscellaneous petitions pt:nding, if any, s ha.1 stand closed. ,/TRUE COPY'/ SD/.MOHD. ASSISTANT REGI ISMAIL S RAR SECTION OFFICER To Mainte lance or Parents 1 The Princlpal (iecretary' Revenue Telangana State Secretariat' State of , H5B:# l',:i::iili?fl" Appe,ate ldl l'lly-Yil3r and Setrit'r c t zens a" ir"'?l[-"x"to'' r'r""'''ni131rla Distri :t' 3 l he Revenu,,: oivisionat B?""tlti""'t""11::: Tribunar' Maintenance oI p'ti' 2007 ' Hanumak-onda District' a The Sl-lO. p'lrice Statron] H'""'ft"tO' chowrastha Hanunrakonda District' Parents; and senior "n''"it 5 Two C(ls to :;P FoR d#ftft' tiilh Court for the state of Telangana at . i*l"f,i:'i" , Ell%t iS .li,'.uilu oo' *' vr JAYA LAKSHM r' Advocate [o P Ir c] HoME' High court ror the State or reransana at il#It- B. Two CD Cotl es SA BS HIGH COIJRT' DATED:2010212025 ORDER WP.No.114 o1'2025 DISPOSING OF THE W.P WITHOUT COSTS. I -) \') 0 4 trPii 2ii2: I ,) '.. .- \!/j3,-a. I .\t:::::= =-2' O\1