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2026 DAILYLAW 11731 (AP)

SRI BOTTA VENKAT REDDY v. The State of Andhra Pradesh

WP/20722/2025 · 2026-09-23

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010395802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20722/2025 Between: 1. SRI BOTTA VENKAT REDDY, S/O. LATE B.RANGAREDDY, AGED ABOUT 62 YEARS, OCC FARMER,RESIDENT OF H.NO.8-175, KOTHAGUDEM VILLAGE, PULLURU GRAM PANCHAYAT, MYLAVARAM MANDAL, NTR/KRISHNA DISTRICT, ANDHRA PRADESH 2. SRI BOTTA PHANI KUMAR REDDY,, S/O. B.VENKAT REDDY, AGED ABOUT 39 YEARS, OCC PRIVATE EMPLOYEE,RESIDENT OF H.NO.8-175, KOTHAGUDEM VILLAGE, PULLURU GRAM PANCHAYAT, MYLAVARAM MANDAL, NTR/KRISHNA DISTRICT, ANDHRA PRADESH 3. SRI A. VIVEKANANDAREDDY,, S/O.A.RAMA MOHANAREDDY, AGED ABOUT 43 YEARS, OCC SOFTWARE EMPLOYEE, R/O. FLAT NO.603, E-BLOCK, APAMA SAROVAR GRANDE, NALLAGANDLA, HYDERABAD. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEVELOPMENT, DEPARTMENT, SECRETARIAT, AMARAVATHI, A.P. 2 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA 4. SMT BOTTA VENKATARATNAM, W/O. LATE B.RANGAREDDY, C/O. BOMMAREDDY BUCHI REDDY, AGED ABOUT 81 YEARS.RESIDENT OF SRI RAMA GOLDEN NEST APARTMENT, 5TH FLOOR, JE-3, CHINNA AVUTAPALLI VILLAGE, GANAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH. 5. SMT BOMMAREDDY SEETHAMAHA LAKSHMI, W/O. BOMMAREDDY BUCHI REDDY, AGED ABOUT 60 YEARS.RESIDENT OF SRI RAMA GOLDEN NEST APARTMENT, 5TH FLOOR, JE-3, CHINNA AVUTAPALLI VILLAGE, GANAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 to issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus, by declaring the order passed vide Rc.H.293/2025, dated 31.05.2025 by tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019), in respect of directing the petitioners to deposit Rs.8,00,000/- in the name of 3rd Respondent and further directing to cancel the Gift settlement Deed in respect to Ac.0.10 Cents of site at Gannavaram on the name of 2 Petitioner and to re-register the same in the name of 3rd Respondent, by not giving an opportunity, and personal hearing by exceeding the Jurisdiction, without jurisdiction, as illegal, arbitrary. Excessive and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019) and Rules made therein, and consequently declare the same as illegal and void and pass such 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 may be pleased to suspend the proceedings Rc.H. 293/2025, dated 31.05.2025 by tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019), in respect of the direction i.e., petitioners to deposit Rs.8,00,000/- and direction to cancel the Gift Deed in respect to 3 Ac.0.10 Cents of site at Ganavaram , pending disposal of the above Writ Petition and pass such IA NO: 1 OF 2026 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 may be pleased to vacate the interim order dated 06.08.2025 in WP.No.20722 of 2025 and dismiss the writ petition and pass IA NO: 2 OF 2026 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 may be pleased to disposed of the above writ petition in view of the aforesaid terms and conditions of this Memorandum of Compromise dated 08.08.2026 entered between parties and setaside the order Rc.H.293/2025, dated 31.05.2025 passed by tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019) and pass Counsel for the Petitioner(S): 1. SRINIVAS BASAVA Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. N SIVA REDDY 3. NARESH KUMAR GUNDAPU 4. GP FOR SOCIAL WELFARE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A.No.2 of 2026 IN/AND WRIT PETITION No.20722 OF 2025 COMMON ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus, by declaring the order passed vide Rc.H.293/2025, dated 31.05.2025 by tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019), in respect of directing the petitioners to deposit Rs.8,00,000/- in the name of 4th Respondent and further directing to cancel the Gift settlement Deed in respect to Ac.0.10 Cents of site at Gannavaram on the name of 2nd Petitioner and to re-register the same in the name of 3rd Respondent, by not giving an opportunity, and personal hearing by exceeding the Jurisdiction, without jurisdiction, as illegal, arbitrary, excessive and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019) and Rules made therein, and consequently declare the same as illegal and void and pass such other order or orders.…” 2. The 4th respondent filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the 3rd respondent - Revenue Divisional Officer. The 3rd respondent vide proceedings dated 31.05.2025 held as follows: “…Therefore, the Applicant, Smt. Botta Venkata Ratnamma, has requested the court to order that the remaining amount of Rs.10 lakhs of the money received from the sale of the land of Ac.0.50 cents given by her to her son, Sri Botta Venkata Reddy, should be deposited in a fixed deposit in the name of the petitioner within a month, the deed registered 5 in respect of the land of Y.0.10 cents in Gannavaram village to her grandson, Sri Botta Pani kumar Reddy, be cancelled and the land should be re-registered and handed over to him, and also that Rs.10,000/- per month should be paid from her children for their maintenance as per Section 5(2) of the Maintenance of Parents and Senior Citizens Act, 2007 to her son, Sri Botta Venkata Reddy, for Rs.5000/- and their daughter, Smt. Bomma Reddy Seeramahalakshmi, is directed to deposit Rs.5000/- every month in the Union Bank Account No.329502010024864, of Mylavaram Branch as per the orders issued by the concerned authorities…” 3. Challenging the order dated 31.05.2025, the present Writ Petition has been filed on several grounds. Now, the petitioners and respondent No.4 entered into compromise and filed I.A.No.2 of 2026, to record the compromise with following terms and conditions: “…1. That the respondent agreed to withdraw petition Rc.H.293/2025, 24.03.2025 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2019). 2. That the Rc.H.293/2025, dated 31.05.2025 and vide Rc.H.293/2025, dated 21.07.2025 will be treated as null and void. 3. That Writ Petitioner No.s.1 and 2 shall maintenance and take care of welfare of respondent. 4. That Respondent shall not make any future claims against the property Ac.0.10 Cents of site at Gannavaram Village, Krishna, gifted to 2nd Petitioner vide registered Gift settlement Deed vide 1667/2009, dated 30.04.2009 and sold to 4th Petitioner vide Sale Deed, dated 04.06.2025, Doc.No.5780/2025 registered at Gannavaram Sub-Registrar. 5. That the parties have agreed to restore the documents validity by getting the NOTE of Cancellation removed at Gannavaram Sub-Registrar. 6. That the writ petitions be disposed of duly recording the aforesaid terms and conditions of this Compromise and the orders passed by the tribunal below be accordingly set-aside. 7. That parties agreed to get all cases closed by restoring position before…” 4. This Court specifically queried the 4th respondent - Senior Citizen about the compromise. Respondent No.4 unequivocally stated that she entered into compromise with the petitioners. 6 5. Hence, I.A.No.2 of 2026 is allowed. 6. Consequently, the present Writ Petition is disposed of by setting aside the impugned order dated 31.05.2025. The petitioners are directed to take care of the Senior Citizen. There shall be no order as to costs. The Registry is directed to attach a copy of terms and conditions of the compromise to this order. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.09.2026 KBN 7 80 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20722 of 2025 Date: 24.09.2026 KBN