High Court · 2025

Judgment

8. The State of Telangana, Rep. by its Principal Secretary (Revenue), Secretariat, Hyderabad. The Appellate Tribunal Maintenance, and Welfare of Parents and Senior citizeni Act-2007 cum district collector Suryapet, Suryapet District. The Tribunal under Maintenance, and welfare of Parents and Senior Citizens Act - cum- Revenue Divisional Office[ Huzumagar, Suryapet District. The Tahsildar, Garidepally Mandal, Suryapet District. The Joint Registrar and Tahsildar, Garidepally Mandal, Suryapet District. r Banda Pulla Reddy, S/o.Chandra Reddy, Aged about 97 years, Occ.Agriculture, Ryo.H.No.4-212, Marutinagar, Garidepally Village and Mandal, Suryapet District. Banda Kantqmma, , Wo.B.Pulla Reddy, Aged about 90 years, Oc-c.House hold, R/o.H.No.4-212, Marutinagar, Garidepally Village and Mandal, Suryapet District. Banda Chandra Reddy, S/o.Pulla Reddy, Aged about 57 - -years, Occ.Advocate, R/o.H.Uo.4-2t2, Marutinagar, Garidepally Village and Mandal, Suryapet District. I ...RESPONDENTS

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 an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS to declaring the order passed in proceedings No.B/645/2024, dt.12-08-2125 by the 3rd respondent and its consequential appeal proceedings bearing Fite.No.D/256/cDR/2025, dt.01-11- 2025 passed by the 2nd respondent as iltegal, arbitrary, and viotation of Articles 14, 16 and 21 of the Constitution of tndia, against to the provisions of Maintenance of welfare of Parents and senior citizen Act 2007 and violation of principles of natural justice, and set aside the proceedings No.B/645/2024, dt.12- 08'2025 passed by the 3rd respondent, in the interest of justice. lA NO: 1 OF 2025 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 stay of all further proceedings of order in proceedings No.B/645/2024, dt.12-og-2025 passed by the 3rd respondent, pending disposal of the above writ petition, in the interest of justice. counsel for the Petitioner : sRl HARI KISHAN KUDIKALA, counsel for the Respondents No.1toS : sRl M.yADAGlRt, . AGP FOR WOMEN DEVELOPMENT AND CHTLD WELFARE Counsel for the Respondents No.6tog : The Court made the following: ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.36446 of 2O2S Date: 01.12.2o25 Between: Banda Muralider Reddy And Petitioner The State of Telangana, rep. by its Principal Secretary (Revenue), Secretariat, Hyderabad and seven others ORDER: ..Respondents This Writ Petition is filed praying this Court to declare the order, dated t2.O8.2O25 passed by respondent No.3 in Proceedings No.B/645 12024 and its consequential appeal proceedings bearing File No.D/256 ICDR/2O25, dated

01.11.2025 passed by respondent No.2, as illegal, arbitrary, a violative of Articles 14, 16 and 2L of the Constitution of India and against the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2OO7 (for short "the Senior Citizens Acf') and consequently, prayed to set aside the same. \ \ 2 EVV, J Wp_36446 .2025 I

2. Heard Sri Harikishan Kudikala, learned counsel for the petitioner and Sri M.Yadagiri, learned Assistant Government Pleader for Women Development and Child Welfare appearirrg for respondent Nos.l to 5 and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that respondent Nos.6 and 7, who are the parents of the petitioner, have filed a petition before respondent No.3 stating that the petitioner is not looking after them and not allowing them to cultivate the land admeasuring Ac.1.O0 guntas in Sy.No.677/1 situated at Garidepalli Village and Mandal, Suryapet District and therefore, they requested respondent No.3 to cancel the Gift Deed bearing document No.709 of 2023, dated 16.06.2022 executed by them in favour of the petitioner. Learned counsel for the petitioner would submit tha[ without considering the explanation submitted by the petitioner, respondent No.3 had passed the order, dated 22.11.2024, cancelling the Gift settlement Deed bearing document No.7o9 of 2029, dated I L6.o6.2o23 in respect of the land admeasuring Ac.1.oo guntas in Sy.No-677/ 1 of Garidepalli village and Mandal, suryapet District, which is in possession of the petitioner and directed 3 EW, J Wp_36446 2025 the Tahsildar to transfer the patta in the name of his mother_ smt- Banda Kanthamma and further directed that if their health condition is not good, they should be taken to hospital and their medical expenses shourd be borne equally, by their two sons. Aggrieved by the same, the petitioner filed an appeal under Section 16 of the Senior citizens Act before respondent No.2. Learned counser for the petitioner would further submit that' respondent No.2, uide end,orsement, dated 01.11 .2o2s in File No'D /2s6/cDRr2o2s, rejected the said appeal stating that, as per Section 16 0f the senior citizens Act, onry a Senior Citizen or a parent, as the case may be, courd file an appear within sixty days. challenging the same, the present writ petition is filed.

4. Learned Assistant Government pleader appearing for the official respondents would submit that, as per section 16 (r) of the Senior citizens Act, only a senior citizen or a parent is entitled to file an appeal and not the children. a 5' At this stage, rearned counsel for the petitioner would submit that appeal filed by the children before the appelrate ^ aathority is also maintainabre and relied upon the decision of this court rr.Deepika a. Maintenance and. welfare of the ^/1 '-{ 4 EvV, J \Yp]6446-2025 (' Parents dnd Senior Citizens ApPellate Tribunap, utherein this Court held that the appeal hled by the children against the order passed by the Maintenance Tribunal under the Senior Citizens Act is maintainable and the said order was also conflrmed by a Division Bench of this Court uide order, dated

22.03.2022 in W.A.No.537 of 2O2O.

6. [n view of the aforesaid law laid down by learned Single Judge and also Division Bench of this Court, it is opined that the appeal filed by the petitioner under Section 16 of the Senior Citizens Act is maintainable. Hence, the impugned order, dated' 01.11.2025, passed by respondent No.2 in File No.Dl256l cDF.l2O25 is set aside and the matter is remanded to respondent No.2 with a direction to consider the aforesaid appeal filed by the petitioner in accordance with law by putting the petitioner and respondent Nos.6 to 8 on notice and affording them an opportunity of hearing. Since notices are stated to be ordered to respondent Nos.6 to 8, issuance of further notice to them in this writ petition shall stand dispensed with. I Order in WP No.5125-2017, dt.05.03.2020 i I I t: \ \ 5 EW, J Wp_36446_2025 7 - Accordingly, this writ petition is allowed. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. SD'-MOHD. ISMAIL DEiUW REGISTRAR //TRUE COPY// SECTION OFFICER To, 1

4. The Tahsildar, Garidepally Mandal' Suryapet District' 5. The Joint Registrar and Tahsildar, Garidepally Mandal, Suryapet District'

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