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2026 DAILYLAW 15303 (AP)

D RAJENDRA PRASAD NAIDU v. The State of Andhra Pradesh

WA/76/2026 · 2026-01-29

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010033082026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT APPEAL NO: 76/2026 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the writ appeal by setting aside the Order dated 30.12.2025 in W.P. No. 24219 of 2025 passed by the learned Single Judge of this Hon' the said writ petition was disposed of, and to dismiss W.P.No.24219 of 2025, and to pass such Between: 1. D RAJENDRA PRASAD NAIDU, S/O MUNISWAMY NAIDU, AGED 47 YEARS, RESIDENT OF D.NO.36/261 COLONY, KADAPA, YSR DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, 4. DODDAPANENI SAVITRAMMA, AGED ABOUT 69 YEARS, W/O D. MUNI SWAMY NAIDU (LATE), R/O D.NO. 36/261 FLOOR), REDDY COLONY, KADAPA, YSR DISTRICT. 5. DODDAPANENI RAMESH BABU, S/O D.MUNI SWAMY (LATE)SOFTWARE ENGINEER 724, AGED 44 YEARS, STONEY IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 76/2026 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the writ appeal by setting aside the Order dated 30.12.2025 in W.P. No. 24219 of 2025 passed by the learned Single Judge of this Hon'ble Court through which the said writ petition was disposed of, and to dismiss the said writ petition in No.24219 of 2025, and to pass such D RAJENDRA PRASAD NAIDU, S/O MUNISWAMY NAIDU, AGED 47 YEARS, RESIDENT OF D.NO.36/261-3-16 (PENT HOU COLONY, KADAPA, YSR DISTRICT, ANDHRA PRADESH. ...APPELLANT AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. COLLECTOR, YSR KADAPA DISTRICT, KADAPA. HE REVENUE DIVISIONAL OFFICER, KADAPA, YSR DISTRICT. DODDAPANENI SAVITRAMMA, AGED ABOUT 69 YEARS, W/O D. MUNI SWAMY NAIDU (LATE), R/O D.NO. 36/261-3- REDDY COLONY, KADAPA, YSR DISTRICT. I RAMESH BABU, S/O D.MUNI SWAMY (LATE)SOFTWARE ENGINEER 724, AGED 44 YEARS, STONEY IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE THIRTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA Writ Appeal under clause 15 of the Letters Patent be pleased to allow the writ appeal by setting aside the Order dated 30.12.2025 in W.P. No. 24219 of ble Court through which the said writ petition in D RAJENDRA PRASAD NAIDU, S/O MUNISWAMY NAIDU, AGED 47 16 (PENT HOUSE), REDDY COLONY, KADAPA, YSR DISTRICT, ANDHRA PRADESH. ...APPELLANT THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. COLLECTOR, YSR KADAPA DISTRICT, KADAPA. KADAPA, YSR DISTRICT. DODDAPANENI SAVITRAMMA, AGED ABOUT 69 YEARS, W/O D. -15 (GROUND I RAMESH BABU, S/O D.MUNI SWAMY NAIDU (LATE)SOFTWARE ENGINEER 724, AGED 44 YEARS, STONEY 2 CMR,J & GTK,J W.A.No.76 of 2026 GREEK DR BALVIN, M063021, USA. 6. DODDAPANENI RAMA KRISHNA, S/O D. MUNI SWAMY NAIDU, AGED 41 YEARS, R/O MANDADI MAGNUS, MIYAPUR, (NEAR BY METRO), HYDERABAD. ...RESPONDENT(S): 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 dispense with filing of the full original Order Copy in W.P. No. 24215 of 2025, Order dated 30.12.2025 on the file of this Hon’ble High Court before this Hon’ble Court and to permit the Petitioner to file the uploaded copy of the order in the said Writ Appeal, and to pass such 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 suspend the proceedings of the 3rd Respondent and an application filed by Doddapaneni Savitramma / Respondent No.4 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 vide O.P.No.1 of 2025, pending disposal of the main writ appeal, and to pass such Counsel for the Appellant: 1. GORRE NARENDRA Counsel for the Respondent(S): 1. THOMMANDURU V SARADHI 2. GP FOR REVENUE 3 CMR,J & GTK,J W.A.No.76 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) The appellant is the unsuccessful writ petitioner in writ petition No.24219 of 2025. He has filed the writ petition to declare the action of respondent No.3-The Revenue Divisional Officer, Kadapa District, in entertaining the application filed by the 4th respondent therein under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) as illegal and contrary to the provisions of the Act. The said writ petition came to be disposed of by the impugned order. Aggrieved thereby, he has preferred the present writ appeal under Clause 15 of the Letters Patent Act. 2. Heard Mr. Gorre Narendra, learned counsel for the appellant, learned Government Pleader for Revenue for respondent Nos.1 to 3 and Mr. Thommanduru V Saradhi, learned counsel for unofficial respondent Nos.4 to 6. 3. The writ petitioner is the respondent in O.P.No.1 of 2025 on the file of the learned Revenue Divisional Officer, Kadapa District. The mother of the writ petitioner filed an application under Section 23 of the Act before the learned Revenue Divisional Officer, seeking reliefs under the Act against him. 4. One of the reliefs claimed in the said application is relating to cancellation of the gift deed executed in favour of the writ petitioner. 5. The writ petitioner filed the writ petition on the ground that the 3rd respondent-The Revenue Divisional Officer has no jurisdiction to entertain the application relating to cancellation of the said gift deed. It is also his case that a civil suit is pending, relating to cancellation of the said gift deed and the Revenue Divisional Officer cannot adjudicate the said lis. 6. The learned Single Judge, by the impugned order, disposed of the said writ petition directing the 3rd respondent-The Revenue Divisional Officer to follow the procedure under the Act strictly, while deciding the said O.P. under 4 CMR,J & GTK,J W.A.No.76 of 2026 Section 23 of the Act, granting liberty to the petitioner to place all the relevant material to substantiate his claim with regard to the gift deed. Further, the learned Single Judge directed the learned Revenue Divisional Officer to decide the said O.P. expeditiously. 7. As can be seen from the impugned order of the learned Single Judge, the learned Single Judge did not decide anything on merits relating to the lis. When it is the grievance of the writ petitioner that the learned Revenue Divisional Officer has no jurisdiction to consider the prayer relating to cancellation of the gift deed, he can as well raise the said contention before the learned Revenue Divisional Officer and he has to take a final call in the final adjudication of the said O.P.No.1 of 2025 relating to the said plea raised by him. Therefore, we do not find any legal flaw or infirmity in the impugned order, warranting our interference with the impugned order, as nothing is decided on merits in the said order. 8. Therefore, the Writ Appeal is dismissed. The appellant is at liberty to raise the said plea relating to the jurisdiction of the learned Revenue Divisional Officer to entertain the said dispute before him and the learned Revenue Divisional Officer has to decide the same in the final adjudication of the said O.P. As it is an application filed by the aged mother, as directed by the learned Single Judge, the learned Revenue Divisional Officer has to dispose of the said application expeditiously. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 30.01.2026 MDP