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2025 DAILYLAW 54888 (AP)

SYED ASMATH v. THE STATE OF ANDHRA PRADESH

WP/30945/2025 · 2025-11-30

D Ramesh

body2025

Judgment text

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APHC010576562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30945/2025 Between: 1. SYED ASMATH, W/O (LATE) SYED MEERA SAHEB MEERA, AGED ABOUT 68 YEARS, OCC. HOUSE WIFE, R/O D.NO.2-322/2, BILAL NAGAR, 5 TH LINE.ONGOLE TOWN PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINICIPAL SECRETARY, REVENUE DEPARTMENT,SECRETARIAT BUILDINGS, NELAPADU, AMARAVATI,GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CUM APPEALLAT AUTHORITY FOR MAINTENANCE OF PARENTS AND SENIOR CITIZENS, PRAKASAM BHAVAN, ONGOLE, PRAKASAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER CUM TRIBUNAL, FOR MAINTENANCE OF PARENTS AND SENIOR CITIZENS , O/O OF REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE SUB REGISTER, STAMPS AND REGISTRATION DEPARTMENT, O/O SUB REGISTRAR, KAKUMANU VILLAGE AND MANDAL BAPATIA DISTRICT. ...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 or direction more DR,J W.P No.30945 of 2025 2 particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of Respondents No 3 in Not taking steps up on the Application dated 12.06.2025 presented by the petitioner herein praying to cancel the Gift settlement deeds executed by the petitioner after proper adjudicaton on the file of the 4 th respondent vide Documents Nos 2345 of 2022 and document No 2328 of 2022 dated 22.12.2022 is illegal,arbitrary, violation of section 5 read with section 23 of Maintenance Of Parents And Senior Citizens Act 2007 besides Article 14, 19 and 300-A Constitution of India and pass 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 directed the 3 rd respondent to pass necessary orders up on the Application dated 12.06.2025 of petitioner herein pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS DR,J W.P No.30945 of 2025 3 The Court made the following Order: This writ petition is filed seeking to declare the inaction of the respondent No.3 in taking steps upon the application dated 12.06.2025 presented by the petitioner seeking cancellation of the gift settlement deed executed by the petitioner, after proper adjudication, as illegal, arbitrary, etc., and for the consequential directions. 2. The petitioner, being a senior citizen, made an application under Section 5 of the Maintenance of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘Act’) before the designated authorities i.e., respondent No.3 herein and the authority has to consider and pass appropriate orders as per Section 23 of the Act. The rules also mandate the authorities to consider the applications and pass appropriate orders within a reasonable period not less than six months. 3. In the instant case, though the petitioner has moved an application on 12.06.2025, according to her, the respondents have not issued any notice or taken up the matter for consideration. Hence, the present writ petition. 4. The learned Government Pleader, appearing on behalf of the respondents, made arguments based on the written instructions dated 09.11.2025 furnished by the respondent No.3. In the said instructions, it is stated that the matter was taken up for hearing on 07.11.2025 but on that day, the application could not be taken up and accordingly, the same was adjourned to next date of hearing. 5. Considering the said submissions, though the learned counsel for the petitioner initially prayed for impleading the affected party as a respondent, this Court is not inclined to go into the merits of the case. 6. Accordingly, this writ petition is disposed of with a direction to the respondent No.3 to consider the application made by the petitioner in accordance with the provisions of the Act and pass appropriate orders within a DR,J W.P No.30945 of 2025 4 period of three (03) months from the date of receipt of copy of this order. It is needless to mention that, while disposing of the matter, the respondents shall afford proper opportunity to the affected person. 7. With the above directions, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D RAMESH Date:01.12.2025 Ksj