APHC010061192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5323/2026 Between: 1. POLAVARAPU POTURAJU, S/O APPALA SWAMY, AGED ABOUT 82 YEARS, RESIDENT OF THIMMARAJUPETA VILLAGE, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE DISTRICT COLLECTOR CUM APPELLATE TRIBUNAL MAINTENANCE, AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. 3. THE REVENUE DIVISIONAL OFFICER AND PRESIDING OFFICER MAINTENANCE TRIBUNAL, AT ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. 4. THE REVENUE DIVISIONAL OFFICER, ADDAROAD JUNCTION, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. 5. THE TAHSILDAR, ATCHUTHAPURAM, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. 2 ...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, particularly, one in the nature of a writ of Mandamus, declaring the action of the respondentsin not disposing of the Application vide. Rc.No.303/2025/H/dt. petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking Maintenance and cancellation of the registered Gift Deeds bearing Document Nos. 1534/2008, 990/2013, and 1770/2014 executed in favour of his three sonsas being illegal, arbitrary, and a violation of the fundamental rights guaranteed under Articles 14, 21, and 300-A of the Constitution of India, and consequently direct therespondents to dispose of the Application vide its Rc.No.303/2025/H/dt. 29.03.2025 filed by the 29.03.2025, filed by the petitioner pending before him within the stipulated time in accordance with the law and to 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 may be pleased to pass an interim order directing the respondents to dispose of the Application vide its Rc.No.303/2025/H/dt. 29.03.2025 filed by the petitioner pending before him within the stipulated time in accordance with the law and to direct the respondents to provide maintenance to the petitioner from his three sons and pass Counsel for the Petitioner: 1. GUDAPATI JOHN DEVA SUNDAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5323/2026 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 particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not disposing of the Application vide Rc.No.303/2025/H/dt.29.03.2025, filed by the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking Maintenance and cancellation of the registered Gift Deeds bearing Document Nos.1534/2008, 990/2013 and 1770/2014 executed in favour of his three sons as being illegal, arbitrary and a violation of the fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to dispose of the Application vide its Rc.No.303/2025/H/dt.29.03.2025 filed by the petitioner pending before him within the stipulated time in accordance with the law and to pass such other order or orders.” 2. Heard learned counsel for the petitioner and learned Government Pleader for Women and Child Welfare for respondent Nos. 1 to 4. 3. Learned counsel for the petitioner submits that the petitioner herein is a senior citizen and submitted an application dated 04.02.2025 to the respondent No.3 under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘the Act, 2007’) seeking for granting maintenance as well as cancellation of the registered Gift Deeds executed by the petitioner in favour of his three sons. He further submits that even after lapse 4 of one year, except issuing notices, the respondent No.3 did not pass any final order even though Section 5(4) of the Act contemplates that any application submitted by a senior citizen shall be disposed of within a period of 90 days. After completion of 90 days, respondent No.3 has informed the petitioner that the jurisdiction of the residence of the petitioner is situated in Thimmarajupeta Village, Atchuthapuram Mandal and the same was fell within the jurisdiction of the newly constituted Revenue sub division and new Revenue Divisional Officer-cum-Chariman was posted at RDO Office situated at Addaroad Junction of the Anakapalli District. He further submits that when the petitioner approached the respondent No.4 herein who is the new sub divisional Magistrate-cum-Chairman of the Tribunal, respondent No.4 informed that so far the application of the petitioner was not transferred from the respondent No.3 to the respondent No.4, by which the petitioner is loosing his vested rights apart from maintenance and welfare for all these days which is contrary to the object of the Act. 4. On the other hand, learned Government Pleader for the respondents submits that having received notices by the petitioner, the petitioner did not appear before the tribunal. Hence, the application of the petitioner was not considered. In reply, the petitioner rejected the claim of the respondents. 5 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 as per the Section 5(4) of the Act, an application submitted by a senior citizen seeking maintenance, such application should be disposed of within a period of 90 days. 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: 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: 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. As contended by the learned Government Pleader that even after receipt of notice by the petitioner, the petitioner did not appear before the tribunal is not valid and sustainable in the absence of any steps and to that effect no proceedings were furnished by the learned Government Pleader either by way of oral instructions or by way of written instructions. As contended by the learned counsel for the petitioner that even though the petitioner appeared on every occasion, the authority did not consider and did not choose to pass any order. It further appears that the scheme was formulated to 6 achieve the object and purpose of rendering speedy disposal in favour of the senior citizens and the same cannot be defeated by way of sitting over the matter or by way of negligence or by way of lethargic attitude of the executive officer/ tribunal/ respondent Nos. 3 and 4. Once respondent Nos. 3 and 4 have been designated as quasi judicial authorities, they shall perform duties to achieve the object of the particular Act under which they were directed to do so. 7. In view of the statutory obligation on part of respondent Nos. 3 and 4, this Court is inclined to dispose of the writ petition, directing the respondent No.3 to forward the application of the petitioner to the respondent No.4, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said application, the respondent No.4 shall consider and dispose of the same, after issuing notices to all the parties concerned and after having due enquiry, within a period of 60 days, thereafter. 8. With the above directions, the writ petition is disposed of. No costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.02.2026 BBSSPP//TTPPSS 7 8 37 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5323/2026 24.02.2026 BBSSPP//TTPPSS