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2025 DAILYLAW 56016 (AP)

NUTHALAPATI VARALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/31412/2025 · 2025-11-13

Harinath N

body2025

Judgment text

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APHC010601642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No:31412/2025 Between: Nuthalapati Varalakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Sri NUTHALAPATI MOHAN Counsel for the Respondent(S): 1. Ld. GP FOR WOMEN DEV CHILD WELFARE 2. Ld. GP FOR REGISTRATION AND STAMPS The Court made the following: -2- W.P. No.31412 OF 2025 Date of order:14.11.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.31412 OF 2025 ORDER: 1. The petitioner is aggrieved by the non disposal of O.P. No.OP/1273/2025-G filed by her against the 6th respondent before the Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007-cum-The Revenue Divisional Officer, Guntur District, Andhra Pradesh, the 3rd respondent herein. 2. The petitioner filed the said O.P. on 08.04.2025 under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as ‘the Act, 2007’]. 3. The learned counsel for the petitioner submits that the 3rd respondent authority is mandated to dispose of such petitions in a time bound manner and as prescribed under Section 5(4) of the Act, the O.P. ought to have been disposed of within a period of 90 days. It is further submitted that in several judgments, this Court had held that, in matters where the applicant is between the ages of 60 and 80 years, the authorities should endeavour to dispose of such petitions within 60 days and where the applicant is above 80 years of age, the petition should ordinarily be disposed of within one month. 4. The learned counsel also submits that the petitioner executed a gift deed in favour of the 6th respondent on 07.05.2018. It is submitted -3- W.P. No.31412 OF 2025 Date of order:14.11.2025 that the 6th respondent is not taking care of the petitioner and is also not meeting the medical expenditure of the petitioner. In this regard, the petitioner has submitted several averments alleging various misdeeds by the 6th respondent, which this Court is not going into for consideration of the prayer in the writ petition. It would be for the 3rd respondent to go through the said averments while disposing of the O.P. No.OP/1273/2025-G. 5. The petitioner has filed the said O.P. under Section 23(1) of the Act, 2007 on 08.04.2025 and even after elapse of more than seven months, the O.P. is still pending consideration on the file of the 3rd respondent. 6. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for respondents, there shall be a direction to the 3rd respondent to endeavour to dispose of the O.P. within a period of four weeks from the date of receipt of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV