APHC010051282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3521/2026 Between: 1. GUDI SATHYANARAYANA, S/O GUDI NARISAIAH, AGED ABOUT 62 YEARS, OCC SENIOR CITIZEN / RETIRED, R/O PASUMURU VILLAGE, CHILAKALURIPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, AT NARASARAOPET, PALNADU DISTRICT,522601 3. THE REVENUE DIVISIONAL OFFICER, (RDO) PRESIDING OFFICER, MAINTENANCE TRIBUNAL FOR PARENTS AND SENIOR CITIZENS, NARASARAOPET DIVISION, PALNADU DISTRICT, 522601 4. THE TAHSILDAR, CHILAKALURIPET MANDAL, PALNADU DISTRICT, 522601 ...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 a Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the action of the 3rd 2 Respondent (Revenue Divisional Officer, Narasaraopet) in not disposing of Maintenance Case No. 63/2025 despite the lapse of the statutory period of 90 days as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and Section 5(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Consequently, direct the 3rd Respondent to forthwith dispose of the said Case No. 63/2025 strictly in accordance with Section 23 of the Act by declaring the Settlement/Gift Deed as void and restoring the property to the Petitioner within a time frame fixed by this Hon'ble Court and Pass 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 pleased to direct the 3rd Respondent to decide the Petitioner's Maintenance Case No. 63/2025, Dt. 15.08.2025 strictly in accordance with law, and pass Counsel for the Petitioner: 1. DEVI REDDY VENU GOPAL REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3521 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a writ, order or Direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 3rd Respondent (Revenue Divisional Officer, Narasaraopet) in not disposing of Maintenance Case No.63/2025 despite the lapse of the statutory period of 90 days as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and Section 5(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Consequently direct the 3rd Respondent to forthwith dispose of the said Case No.63/2025 strictly in accordance with Section 23 of the Act by declaring the Settlement/Gift Deed as void and restoring the property to the Petitioner within a time frame fixed by this Hon’ble Court and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The case of the petitioner is that the petitioner herein filed an application/ maintenance case vide case No.63/2025 on the file of respondent No.5 seeking a) monthly maintenance; b) cancellation of the settlement deed and restoration of the property in the name of the petitioner under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘Act 56 of 2007’). After receipt of the said application, the respondent No.3 issued notices on 14.10.2025 to the parties concerned and pursuant to which, the petitioner appeared before the respondent No.3 on 18.10.2025. 4 Thereafter, the respondent No.3 kept quiet and did not pass any order contrary to the Section 5(4) of the Act 56 of 2007. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 08.02.2026 issued by respondent No.3, wherein, it is stated that the application/ maintenance case of the petitioner filed vide case No. 63/2025 was disposed of vide order dated 05.02.2026 and the same was sent by way of RPAD to the parties concerned on 05.02.2026. It is further stated that if the petitioner still has any grievance against the orders dated 05.02.2026 passed by respondent No.3, the petitioner is at liberty to prefer a statutory appeal before the respondent No.2 herein as per Section 16 of the Act 56 of 2007. 5. Heard the submissions made by the learned counsel for both the parties and on perusal of the material placed on record, it appears that the petitioner being a senior citizen and having submitted an application for redressal of his grievance i.e., for maintenance, the said application would be disposed of within a period of 90 days after receipt of the application as per section 5(4) of the Act 56 of 2007. For more understanding Section 5(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is extracted hereunder: 5. Application for maintenance” “5(4)- An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person; 5 Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. 6. On perusal of the Section 5(4) of the Act 56 of 2007, it is evident that it is the statutory duty on part of the respondents that any application received by the respondents under Section 5(4) of the Act 56 of 2007 shall be disposed of within a period of 90 days from the date of receipt of the said application. Admittedly, in the instant case, the petitioner submitted his application/ maintenance case in the month of August, 2025 and notices were issued in the month of October, 2025 and pursuant to the notices issued, even the enquiry was also completed on 18.10.2025. But, the respondent No.3 not disposed of the application submitted by the petitioner within the time prescribed under Section 5(4) of the Act 56 of 2007. However, in view of the written instructions, it reveals that the application of the petitioner was disposed of on 05.02.2026 and the same was informed and handed over to the learned counsel for the petitioner by the learned Government Pleader. Moreover, it appears that already the same was dispatched by respondent No.3 on 05.02.2026 itself. It is also made clear in the written instructions that if still there is any grievance as contended by the learned Government Pleader, the petitioner can challenge the same by instituting an appeal before the respondent No.2 under Section 16 of the Act 56 of 2007. 7. In view of the disposal of the application submitted by the petitioner even with some delay on part of respondent No.3 and in view of serving of a 6 copy of the order passed by respondent No.3 to the learned counsel for the petitioner, no further orders are necessary in the present writ petition. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:09.02.2026 BSP 7 10 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.3521 OF 2026 Date:09.02.2026 BSP