Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 27740 (AP)

Smt Bariga Lakshmi Devi v. The State of Andhra Pradesh

WP/21403/2025 · 2025-08-18

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010394532025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: 1. SMT BARIGA LAKSHMI DEVI, W/O.JAYARAM (LATE), AGE YEARS, OCC- HOUSEWIFE, R/O. 5 GIDDALURU, PRAKASAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, , REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM DIVISION, PRAKASAM DISTRICT. 4. THE TAHSILDAR, GIDDALURU MANDAL, PRAKASAM DIS 5. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRI. SECRETARY, WOMEN AND CHILD WELFARE DEPARMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order direction more particularly one in nature of writ 2 to consider my representation dated 02.06.2025 to cancel the Gift Deed No 2844/2023, 2845/2023, 2846/2023, 2847/2023, 2849/2023 and 2850/2023 SRO, Giddaluru as per Sec Parents and Senior Citizens Act, 2007, pending disposal of the above Writ Petition and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21403/2025 SMT BARIGA LAKSHMI DEVI, W/O.JAYARAM (LATE), AGE HOUSEWIFE, R/O. 5-10-48, KORE VARI STREET, GIDDALURU, PRAKASAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, , REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM DIVISION, PRAKASAM DISTRICT. THE TAHSILDAR, GIDDALURU MANDAL, PRAKASAM DISTRICT. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRI. SECRETARY, WOMEN AND CHILD WELFARE DEPARMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order direction more particularly one in nature of writ of mandamus Order to direct the respondents 2 to consider my representation dated 02.06.2025 to cancel the Gift Deed No 2844/2023, 2845/2023, 2846/2023, 2847/2023, 2849/2023 and 2850/2023 SRO, Giddaluru as per Sec-23 of and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, pending disposal of the above Writ IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA SMT BARIGA LAKSHMI DEVI, W/O.JAYARAM (LATE), AGE- 67 48, KORE VARI STREET, ...PETITIONER REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE REVENUE DIVISIONAL OFFICER, MARKAPURAM DIVISION, TRICT. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRI. SECRETARY, WOMEN AND CHILD WELFARE DEPARMENT, SECRETARIAT, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order direction more of mandamus Order to direct the respondents 2 to consider my representation dated 02.06.2025 to cancel the Gift Deed No 2844/2023, 2845/2023, 2846/2023, 2847/2023, 2849/2023 and 2850/2023 23 of and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, pending disposal of the above Writ 2 IA 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 pleased pleased to direct the respondents 2 to consider my representation dated:02.06.2025 to cancel the Gift Deed No; 2844/2023, 2845/2023, 2846/2023, 2847/2023, 2849/2023 and 2850/2023 SRO, Giddaluru as per Sec-23 of and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, pending disposal of the above Writ Petition and pas Counsel for the Petitioner: 1. M.S.BANU PRASAD RAO Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR REVENUE The Court made the following: ORDER:- Heard Sri M.S.Bhanu Prasad Rao, learned counsel for the petitioner, learned Assistant Government Pleader for Women Development and Child Welfare and learned Assistant Government Pleader for Revenue. 2. Challenging in the writ petition is to the inaction on the part of the 2nd respondent in considering and passing appropriate orders on the representation dated 02.06.2025 filed by the petitioner before the 2nd respondent under the provisions of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 3. Today, when the matter is taken up for admission, the learned Assistant Government Pleader appearing for the respondents has placed before the Court, a copy of instructions, received from both 2nd and 3rd respondents, in the case. 3 4. Perusal of the same, would reflect that since the Collector is not the appropriate authority, before whom the subject application was filed, by the petitioner, the same was forwarded to the 3rd respondent on 02.06.2025. Perusal of the copy of instructions of the 3rd respondent would reflect that after the matter was referred to it, the Tribunal has conducted enquiry and in the meanwhile the instant writ petition has been filed. It is stated that the appropriate orders would be passed after conducted required enquiry in the matter. 5. Without going into the merits of the issue involved, this Court deems it appropriate to dispose of the writ petition, directing the 3rd respondent to pass appropriate orders on the application filed by the petitioner within a period of four (4) months from the date of the receipt of the order, after duly issuing notice to all the concerned parties, and after providing opportunity of hearing to all the concerned. 6. In view of the foregoing, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:19.08.2025 ANI 4 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.21403 of 2025 Date:19.08.2025 ANI 5