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2025 DAILYLAW 4918 (AP)

Smt.VytIa Satyavathi v. THE STATE OF ANDHRA PRADESH

WP/2200/2025 · 2025-01-30

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2200 OF 2025 Between: Smt.VytIa Satyavathi, W/o. late Satyanarayana, Aged 83 years, Occ: Nil being Senior Citizen, C/o.V.Annapurna, Plot N0.IO& 11, Flat No.201, Reliance Kamal Gautami Enclave, Kondapur, Hyderabad - 500 084 ...PETITIONER AND 1. The State of Andhra Pradesh, Department of Disabled and Senior Citizen Welfare Secretariat Building, Velagapudi, Amaravati. 2. The Revenue Divisional Officer-cum-Sub Divisional Tribunal, Under Welfare of Parents and Senior Citizens Act, Ramachandrapuram, Dr.B.R.Ambedkar Konaseema District. 3. The Joint Sub-Registrar Sub-Registrar, Mandapeta, Dr.B.R.Ambedkar Konaseema District. 4. Smt.Vattikuti Vijaya Lakshmi, w/o. Soma Sekhara Rao Aged 63 years Occ House Wife, R/o. 4-111, Redia Veedhi, Pulugurtha Village Anaparthy Mandal, East Godavari District. 5. Smt.Palacherla Padmavathi, W/o., Veera Venkata Satyanarayana Chowdary, aged 59 years, Occ: House Wife, R/o. 14-1-22, Patimeeda, Mandapata, Mandapeta Mandal Dr.B.R.Ambedkhar Konaseema District. ...RESPONDENTS 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the i) action of the 2^^^ Respondent in forwarding the petition to the 3"'^ Respondent, submitted by the Petitioner, through Public Grievance Redressal System(PGRS) dt.02-12-2024 vide Grievance NO.KNSM202412023782, by treating the grievance as Fraudulent/illegal/cancellation of Regd.Documents instead of taking under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking for cancellation of Settlement Deed bearing document No.7920/2024, dt.26-10-2024 registered on the file of the 3'^'^ respondent obtained by the Respondents No.4 and 5 by playing fraud on the Petitioner, ii) action of the 3rd Respondent in assuming jurisdiction over the petition and issuing the impugned proceedings Lr.C.No.69/2024 dt.26-12-2024 as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and set aside the proceedings Lr.C.No.69/2024 dt.26-12-2024 of the 3rd Respondent and consequently direct the 2"^^ Respondent to adjudicate the petition submitted by the Petitioner, through Public Grievance Redressal System(PGRS) dt.02-12-2024 vide Grievance No.KNSM202412023782, under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3^^ Respondent not to entertain any further transactions on the basis of the Settlement Deed bearing document No.7920/2024, dt.26-10-2024. Counsel for the Petitioner: SRI SRICHARAN TELAPROLU Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 3 : SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE, LAND ACQUISITION, STAMPS & REGISTRATION Counsel for the Respondent Nos.4 & 5 : NONE APPEARED The Court made the following: ORDER APHC010039232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3328] PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2200/2025 Between: LATE W/0. SATYAVATHI, SATYANARAYANA, AGED 83 YEARS, OCC NIL BEING SENIOR CITIZEN, C/O.V.ANNAPURNA, PLOT NO.IO AND II, FLATNO.201, RELIANCE KAMAL GAUTAMI ENCLAVE, koNDAPUR, HYDERABAD - 500 084. 1.SMT.VYTIA ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, DEPARTMENT OF SENIOR CITIZEN WELFARE AND DISABLED SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. OFFICERCUMSUB 2.THE REVENUE DIVISIONAL DIVISIONAL TRIBUNAL, UNDER WELFARE OF PARENTS AND SENIOR CITIZENS ACT, RAMAC HAND RAP U RAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. SUBREGISTRAR, KONASEEMA SUBREGISTRAR DR.B.R.AMBEDKAR 3.THE JOINT MANDAPETA, DISTRICT. 4 SMT VATTIKUTI VIJAYA LAKSHMI SEKHARA RAO AGED 63 YEARS, OCC HOUSE WIFE, R/0 4-111, REDIA VEEDHI, PULUGURTHA VILLAGE, ANAPARTHY MANDAL, EAST GODAVARI DISTRICT. W/0. SOMA 2 5.SMT PALACHERLA PADMAVATHI, W/0., VEERA VENKATA SATYANARAYANA CHOWDARY, AGED 59 YEARS, OCC HOUSE WIFE, R/0 14-1-22, PATIMEEDA, MANDAL MANDAPATA, DR.B.R.AMBEDKHAR KONASEEMA DISTRICT. MANDAPETA ...RESPONDENT(S): Counsel for the Petitioner: 1.SRICHARAN TELAPROLU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Sricharan Telaprolu, Ld. Counsel appearing for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue and Land Acquisition, Stamps & Registration. 2. The prayer sought in the present Writ Petition is as under: “Action of Respondent No.2 in forwarding the petition to Respondent No.3, submitted by the Petitioner, through Public Grievance Redressal System (PGRS) dated 02.12.2024 vide Grievance No.KNSM202412023782, by treating the grievance as Fraudulent/illegal/cancellation of Regd. Documents instead of taking under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking for cancellation of Settlement Deed bearing document No.7920/2024, dated 26.10.2024 registered on the file of Respondent No.3 3 obtained by Respondent Nos.4 and 5 by playing fraud on the Petitioner” 3. The Ld. Counsel for the Petitioner has drawn the attention of this Court and submits that the Writ Petitioner herein, who is now aged about 83 years, has submitted a Petition in the Public Grievance Redressal System (PGRS). The said Petition, which is filed along with the Paper Book, indicates that it is filed under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is the grievance of the Writ Petitioner that the enquiry was to be undertaken by the Revenue Divisional Officer on the petition submitted by the Petitioner, whereas, vide Proceedings dated 26.12.2024, the Joint Sub-Registrar, Mandapet, has stated that the Petitioner should approach the Civil Court. 4. The Ld. Counsel for the Writ Petitioner submits that the Competent Authority to enquire into the Petition submitted by the Writ Petitioner under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is the Revenue Divisional Officer, and that the Officials who were participating in the PGRS 4 to the Joint Sub- have forwarded the Petition not have the jurisdiction under the Act. ought not to Registrar, who does 5. Having regard to these submissions, this Court is also in agreement with the submission of the Ld. Counsel for the Writ petitioner that the Petition submitted by the Writ Petitioner under Section 23 of Maintenance 2007, ought to have Divisional Officer for initiating appropriate and Welfare of Parents and Senior been forwarded to the Citizens Act concerned Revenue rather than being sent to the Joint Sub-Registrar, Officials at the PGRS have acted the Petition filed by the proceedings Mandapet. It appears that the with complete non-application of mind, as and Welfare of forwarded to the Joint Divisional Officer for the under Section 23 of Maintenance and Senior Citizens Act, 2007 was Sub-Registrar instead of the Revenue initiation of the appropriate enquiry. Writ Petitioner Parents The Joint Sub-Registrar (Respondent No.3) is now directed submitted by the Writ Petitioner to the (Respondent No.2) within a period of receipt of the Petition from the Joint it and proceed in 6. to forward the Petition Revenue Divisional Officer two weeks from today. Upon Sub-Registrar, Respondent No.2 shall act on 5 accordance with law. The Writ Petitioner is also given liberty to submit a fresh Petition to the Revenue instead of waiting for the Joint Sub-Registrar to Petition to Respondent No.2, i the Proceedings initiated by 26.12.2024 (Ex.P2) are set aside. Divisional Officer directly, forward the same in order to save time. Consequently, the Joint Sub-Registrar, dated 7. With these observations and directions allowed. No order as to costs. this Writ Petition is 8. Interlocutory Applications, if any, stand closed in terms of this order. //TRUE COPY// OFFICER To, SEC Sub-Registrar Sub Konaseema District. -Registrar, Mandapeta, Dr.B. R.Ambedkar 4. One CC to Sri Sricharan 6. Two CCs to GP for Revenue, 7. Three C.D. Copies. Telaprolu, Advocate fOPUC] Welfare, High Court of Andhra High Court of Andhra Pradesh. [OUT] Pradesh. Cnr HIGH COURT DATED:30/01/2025 ORDER WP.No.2200 of 2025 18 FEB 2025 o»' . Curreni sieciion !^S:££SpaTCH€§x< ALLOWING THE W.P. WITHOUT COSTS