The High Court · 2025

in the affidavi,: filed in support of the petition, the High Court may be pleased to pass an interim direction thereby suspending the operation of the order dated 1111012025 orr the file of the Respondent No.2 in Case No. D1 18112025 pending disposal of ther writ petition. Counsel for ttre Petitioner: SRI SHAIK HUSSAIN Counsel for tl^re Respondents No 1 To 3: SRI L. RAVINDER, AGP FOR REVENUE REPRESENTING GP FOR REVENUE Counsel for the Respondent No 4: SRI MOHD IMTIYAZ, REPRESENTING SRI IRFAN KHAN Counsel for the Respondent No 5: -- The Gourt made the following: ORDER { II i t I I I ,? IN THE HIGH COURT FOR THE STATE OT TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.39613 of 2025 Dated:

12.20.25 Between: Asma Anees Fatima ... Petitioner And The State of Telangana, Rep by Collector and District Magistrate, Hyderabad and four others ... Respondents ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "... to pass an order, direction or a writ particularly in the nature of Writ of Mandamus, calling for the records pertaining to the impugned order dated LL.IO.2O25 passed in Case No.Dl l8L/2O25 by Respondent No.3, and to quash the same as illegal, arbitrar5r, ultra vires the Senior Citizens Act and beyond the scope of its jurisdiction. Consequently, this Hon'ble Court may be pleased to set aside the same and pass any other order or orders ..."

2. Heard Mr.Shaik Hussain, learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Mohd. lmtiyaz, learned counsel representing Mr.Irfan Khan, learned counsel for unofficial respondent No.4 appearing on-line- Perused the record. )

3. Learned counsel for the petitioner crrbmits that resprrndent No-3 vide impugned order in case No.D/s 1/2025 datecl 11.10.2025 helcl as under:_ - "L' T'e are. hereby orderecr to vacate the (iround Froor or p.enises1"rri.,g -n.rrr". iii s83/3 to both -Re:ioc:rcents tire petitior'rr r'd hi" Un-Married Daughter (Kum.Asma Khatoon) and handover the s€une to the pelitioner within (30 days) from receiving of thi"-o.d..s. 2' The petitioner desires to.lea'e rest of his rife peacefu,y without any mental tension being created by Respo,dents. 3' The Respondents are strictly directed to behave with the Petitioners in a polite rr,ai" sympathetic m€aner and not to crr:ate any physical and mental torture ,o since he is an ofa "g.J f*."r". 4' rf any ."y.h unla-*rful activities noticed, suitable action wilr be initiated under ttre provisions of anrt Welfare of parents and Senio. cliir.i- til ,oor. S. [f aggrieved with the orders, the petitioner u/S:.]6 of Ma;ntenange and Welfare oi'p*.r,t" ,"JS;;i;; Citizen Act, :3:ffi:I"fre an .pp"J u.io.. the next app"iir," authority, of irio) o"r",lo""ctor' "ilp"r.ted tinie Hvderabad *th;; ,tI Mu.irr,.rrurr.. petitioner -tt. -th.- He subrnits that respondent No.3 has erroneously passed the impugnt:d order, r,vithout considering the fact that the petitioner is decree holder i, o.s.No.gg6 of 2014 on the file of learned xI Aclditional chief Judge, city civ, court, Hyderab.d and that execution proceedings vtde E.p.No.l 0f 2ol7 is trrending adjudication before the concerned court. He states thert when t,e civil court had adjudicated the matter, respondent No.3 being the qtrasi judicial body has no J i I i L ; I I J authority to pass the impugned ord'er' Therefore' he seeks to allow the Writ Petition 4. Learned Assistant Government Pleader for Revenue c:ntend.sthatthepetitionerinsteadofavailin$?'rlalterrative remedy by preferring an Appea1 before the Appellate Tribunal as per Section 16 of the Maintenance and Welfare of Parents and Senior citizens Act, 2oor (for short, "the Act, 2oo7"l approached this Court by filing the Writ Petition' Therefore' he seeks to dismiss the Writ Petition'

5.Learned.counselforunofficialrespondentNo.4concedes to the said submissions 6. Having regard to the submissions of all the learned counselandonperusalofthematerialavailableonrecord, ft" Court is of the opinion that this Writ Petition is filed by thepetitionerwithoutexhaustingtheremedyasavailableto himunderlaw.ThisCourt,withoutmakinganyobservations on the merits or demerits of the case, deems it appropriate to direct the petitioner to file an Appeal before the Appellate authority und'er Section 16 of the Act' 2OOT by raising the contentionsraisedinthisWritPetition.Uponfilingthe Appeal,theAppellateauthorityisd'irectedtopassappropriate orders, as expeditiously as possible' preferably within the \ (\\ : i I I { ,l i 4 I tirr e stipulated under the Act, 2007 strictry in accord.a,ce wi.e law, by issuing notices to interested parties including uncrfficial respondent No.4 and aftording them sufficient oppcrtunity of htauring. Since, notice is directed on respondent No.4, further service of notice on respondent No.4 stands dispensed with. 7. With the above direction, this Writ petition is disposed of. Nr> costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ petition shalt stand closed. //TRUE COPYII P.C. SULEKHA DEVI TANT ECTION OFFICER To,

1. The Collector and (constituted under Act,2007) Having

2. The Assistant Director. Wei M;;;;d;;cil;H;;";,,."{il?r"*r,#'dij;fl 3. The Rev,enue Divisional Officer And Sub Divis Division, HJung ;ffil ;t'"ilLmpa 1y, Hyoeraoallna 4. One CC r:o SRl. SHATK HUSSAIN, Advocate [OpUCJ 5' .:",{j3,"gl:::.,orriceAtM_4, I Magistrate Hyderabad Iyo""P"?:|". Stio* REVENUE ,Hish courr for the Stare of retansana at

6. One CC tr) SRt TRFAN KHAN , Advocate tOpUCI l.^ 7. Two CD rlopies Wro* BS HIGH COURT DATED i1'-411212025 ORDER WP.No.39613 of 2025 Ti-it s ( J (.) 9 * 0 5 ri:8 ll?fi * DISPOSINIG OF THE WRIT PETITION WITHOUT COSTS b