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2026 DAILYLAW 2657 (AP)

Dudekula Saida Bi v. The State of Andhra Pradesh

WP/14757/2026 · 2026-05-21

Balaji Medamalli

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010283812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14757/2026 Between: 1. DUDEKULA SAIDA BI, W/O SAIDA AGED ABOUT 45 YEARS, OCC COOLIE WORK R/O KUMMARIPALEM, NEAR NARAYANA SCHOOL PIDUGURALLA TOWN AND MANDAL, PAINADU DISTRICT ANDHRA PRADESH - 522 614. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY GOVERNMENT REVENUE (REGISTRATION) DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, (APPELLATE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007) PAINADU DISTRICT, NARASARAOPET, ANDHRA PRADESH-522601. 3. THE REVENUE DIVISIONAL OFFICER, (MAINTENANCE TRIBUNAL), GURAZALA, PAINADU DISTRICT ANDHRA PRADESH-522415. 4. SMT DUDEKULA FATHIMA, W/O. DASTAGIRI, AGED ABOUT 65 YEARS, R/O. KUMMARIPALEM NEAR NARAYANA SCHOOL, PIDUGURALLA TOWN AND MANDAL PAINADU DISTRICT, ANDHRA PRADESH-522413. 5. SRI DUDEKULA KHADARVALI, S/O DASTAGIRI AGED ABOUT 47 YEARS, R/O. LENIN NAGAR PIDUGURALLA TOWN AND MANDAL, PAINADU DISTRICT ANDHRA PRADESH-522413. 2 6. SRI DUDEKULA SAIDA, S/O DASTAGIRI AGED ABOUT 40 YEARS, R/O. PILLUTIA VILLAGE, MACHAVARAM MANDAL, PALNADU DISTRICT ANDHRA PRADESH-522413. ...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, or any other appropriate directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the respodnents especially the 2nd respodnent herein in not taking the petitioners appeal dated 08-05-2026 on file, which was filed under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and not considering stay application, against the impugned orders bearing R.C. No. 163/2026-A, dated 20-04-2026, issued by the 3rd respondent to the extent it cancels Gift Deed No. 5882/2022 dated 13- 09- 2022 and directing cancellation of the Pattadar Passbook of the Petitioner pertaining to the land admeasuring Ac. 1.07 cents situated in Survey No. 407- B1 of Madinapadu Village, Dachepalli Mandal, Palnadu District, as arbitrary, illegal, unconstitutional and without jurisdiction, and violative of well settled principles of natural justice, and consequentially quash the impugned orders dated 20-04-2026 passed in R.C. No. 163/2026-A, on the file of the 3rd Respondent (Maintenance Tribunal, Gurazala), to the extent it cancels Gift Deed No. 5882/2022 dated 13-09-2022 and directing cancellation of the Pattadar Passbook of the Petitioner in Sy. No. 407-B1 of Madinapadu Village, Dachepalli Mandal, Palnadu District, 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 STAY all further proceedings in pursuant to impugned orders - R.C. No. 163/2026-A, dated 20-04-2026, passed by the 3rd Respondent (Maintenance Tribunal, Gurazala), pending disposal of the above Writ Petition, and to pass Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14757/2026 ORDER: The Writ Petition is filed aggrieved by the action of Respondent No.2 in not taking on record the Petitioner’s appeal dated 08.05.2026 filed under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and in not considering the stay application against the impugned orders bearing R.C.No.163/2026-A, dated 20.04.2026, issued by Respondent No.3, to the extent of cancellation of Gift Deed No.5882/2022 dated 13.09.2022 and directing cancellation of the said documents, including the Pattadar Passbook issued in favour of the Petitioner for an extent of Ac.1.07 cents situated in Survey No.407-B1 of Madinapadu Village, Dachepalli Mandal, Palnadu District. 2. Learned counsel for the Petitioner has drawn the attention of this Court to the order passed by Respondent No.3 dated 20.04.2026, whereby the gift settlement deed executed by the mother of the Petitioner (Respondent No.4) in favour of the Petitioner was cancelled. Questioning the same, the Petitioner filed an appeal before the District Collector on 08.05.2026 along with a stay application. 3. It is further submitted that though Respondent Nos.5 and 6, the other sons of Respondent No.4, had abandoned their parents, the Petitioner had taken care of Respondent No.4 until 2022. At the instigation of Respondent Nos.5 and 6, Respondent No.4 initiated the present proceedings, which culminated in cancellation of the gift deed. However, as a statutory appeal has 4 already been filed before Respondent No.2 along with a stay application, the matter requires consideration. 4. Considering the facts and circumstances of the case, Respondent No.2 is directed to consider and dispose of the appeal filed by the Petitioner within a period of three (03) months from the date of receipt of a copy of this order. 5. Until such time, the impugned order dated 20.04.2026 shall remain suspended. However, the Petitioner is directed to pay an amount of Rs.5,000/- (Rupees Five Thousand only) per month towards maintenance to Respondent No.4 during the pendency of the proceedings before the District Collector. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE BALAJI MEDAMALLI Date: 22.05.2026 PRA/SA 5 14 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14757 of 2026 Date: 22.05.2026 PRA/SA