APHC010507712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27630/2026 Between: 1. GANJI VENKATESWARLU, S/O. (LATE) VENKATA SUBBAIAH, AGED ABOUT 80 YEARS, RIO. D.NO.1-81, KOLALAPUDI, MARTUR MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN, CHILDREN, SENIOR CITIZENS AND DIFFERENTLY ABLED PERSONS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, APPELLATE TRIBUNAL CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT, 2007 BAPATLA DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, (TRIBUNAL CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT, 2007), BAPATLA DISTRICT. 4. THE TAHSILDAR, MARTUR MANDAL, BAPATLA DISTRICT. 5. THE STATION HOUSE OFFICER SHO, MARTUR POLICE STATION, MARTUR MANDAL, BAPATLA DISTRICT. ...RESPONDENT(S): 2 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent nos. 3 to 5 , in implementing and enforcing the orders dated. 08-09-2025 in R.No. 602/2022- A passed by respondent no.3 confirmed by respondent no.2 vide Order E.No.24955/2025/C1, dated 07- 03-2026 inspite of lapse of nearly six months as illegal, arbitrary, unconstitutional and violation of principles of natural justice, violation of Article 14, 21 and 300-A of the Constitution of India, as well as violation of Sections 11(2) and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and consequently direct respondent nos. 3 to 5 to forthwith enforce and implement all directions contained in the orders dated. 08-09-2025 in R.No. 602/2022-A passed by respondent no.3 in the interest of justice Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27630 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent nos.3 to 5, in implementing and enforcing the orders dated 08-09- 2025 in R.No.602/2022-A passed by respondent no.3 confirmed by respondent no.2 vide Order E.No.24955/2025/C1, dated 07- 03-2026 inspite of lapse of nearly six months as illegal, arbitrary, unconstitutional and violation of principles of natural justice, violation of Article 14, 21 and 300-A of the Constitution of India, as well as violation of Sections 11(2) and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and consequently direct respondent nos.3 to 5 to forthwith enforce and implement all directions contained in the orders dated.08-09- 2025 in R.No.602/2022-A passed by respondent no.3 in the interest of justice and pass such other order or orders.…” 2. The petitioner executed a Gift Deed vide Doc.No.2144/2010, dated 15.05.2010, in favour of his son. Thereafter, the petitioner cancelled the same and registered in his favour vide Doc.No.3424/2022, dated 15.04.2022. Subsequently, the petitioner filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for grant of maintenance and for cancellation of the pattadar passbook vide Khata No.1671, standing in the name of his younger son, due to cancellation of Doc.No.2144/2010. 3. The Tribunal, vide order dated 08.09.2025, while disposing of the application filed under Section 5 of the Act, granted maintenance to the 4 petitioner and directed the petitioner to approach competent civil Court for cancellation of pattadar passbook vide Katha No.1671 of Kolalapudi Village of Martur Mandal, as the matter stood thus before the learned Principal Junior Civil Judge Court, Addanki, in O.S.No.373 of 2022. 4. Aggrieved by the order dated 08.09.2025, the petitioner preferred appeal under Section 16 of the Act before the appellate authority. The appellate authority vide order dated 07.03.2026, passed the following order, which is extracted hereunder: “…In this connection, it is reiterated that the very purpose of the Act is to ensure the well-being and dignity of the elderly in the society and provide protection against neglect and abuse. As per the contentions of the Petitioner, he is at liberty to file a mutation application before the Tahsildar, Martur, basing on the cancelled registration document. In the end, as per the orders of the Revenue Divisional Officer, Bapatla, the Respondents (1) and (2) should pay maintenance to the Petitioner as ordered by the Revenue Divisional Officer, Bapatla, in Rc.N0.602/2022- A, dated 08.09.2025 without fail. The Tahsildar, Martur, is directed to take up the application and dispose of according to Rules in force. The ANM, Kolalapudi Village, Martur Mandal to monitor the health condition of the elderly by house visit as per the tour program. The SHO, Martur/ the Mahila Police, Kolalapudi Village, Martur Mandal to ensure safety & security of the elderly family by house visit as per the tour program…” 5. As seen from the appellate authority order, it is evident that there is no such order cancelling the pattadar passbook vide Katha No.1671 of Kolalapudi Village of Martur Mandal. The appellate authority granted liberty to file an application for mutation, basing on the cancelled registered document. 5 Thus, as seen from the both orders, there is no such cancellation order passed by the Tribunal or by the appellate authority. 6. The present writ petition has been filed without impleading the unofficial respondent i.e., son of the petitioner. 7. The present writ petition is filed questioning the inaction of respondent Nos.3 to 5 in implementing and enforcing the orders dated 08.09.2025 in R.No.602/2022-A passed by respondent no.3, as confirmed by respondent no.2 vide Order E.No.24955/2025/C1, dated 07.03.2026 8. The remedy of the petitioner is appeal under Section 11 of the Act. Section 11 of the Act reads as follows: “11. Enforcement of order of maintenance: — (1) A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due. (2) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code.” 9. Therefore, the petitioner is directed to file appropriate application under Section 11 of the Senior Citizens Act, 2007, for enforcement of the order dated 08.09.2025, before the 3rd respondent-Tribunal. The Tribunal shall keep it in mind there is no such order cancelling the pattadar passbook vide Katha No.1671 of Kolalapudi Village of Martur Mandal. The Tribunal granted only 6 maintenance. Even the Appellate Authority has not given any specific direction to cancel the pattadar passbook. The order is only for implementation of maintenance. Therefore, both the authorities are directed not to go beyond the order passed under Sections 5 and 16 of the Act. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.09.2026 KBN 7 119 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27630 of 2026 Date: 28.09.2026 KBN