Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 3672 (AP)

B. Lakshmi Kanthamma, v. State of Andhra Pradesh

WP/15982/2026 · 2026-06-21

Venkateswarlu Nimmagadda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation:________________ Date of reserved for orders : Date of Pronouncement : Date of uploading : APHC010301062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15982/2026 Between: 1. B. LAKSHMI KANTHAMMA,, W/O.POTHUREDDY, AGED ABOUT 75 YEARS R/O.D.NO.1-155, PRODDUTURU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, FAMILY WELFARE, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY - 522 503. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT - 524001. 3. THE REVENUE DIVISIONAL OFFICER, VUYYURU DIVISION, VUYYURU, KRISHNA DISTRICT - 521 165. 4. B SRINIVASA REDDY, S/O. POTHUREDDY AGED ABOUT 57 YEARS, R/O.D.NO.16-21, GOURI SANKAR HARDWARE LANE, KANKIPADU, KRISHNA DISTRICT-521 151. 5. B NAGI REDDY, S/O. POTHUREDDY, AGED ABOUT 53 YEARS, R/O. D.NO. 1-155, PRODDUTURU VILLAGE, KANKIPADU MANDAL, 2 KRISHNA DISTRICT-521 151. ...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 tomay be pleased to issue a writ or direction more particularly in the nature of a writ of Mandamus to declare the action of the 3rd respondent in not disposing the petitioner application in OP.No.1831 of 2025 filed for monthly maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, arbitrary, one without jurisdiction, against principles of natural justice, against settled principles of law and also in contrary to the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and consequently direct the 3rd respondent to dispose of the application in OP.No.1831 of 2025 expeditiously and pass such 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 direct the 3rd respondent to dispose of the petitioner application in OP.No.1831 of 2025 filed for monthly maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, during pendency of the Writ petition and pass such Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15982/2026 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 declare the action of the 3rd respondent in not disposing the petitioner application in O.P.No.1831 of 2025 filed for monthly maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, arbitrary, one without jurisdiction, against principles of natural justice, against settled principles of law and also in contrary to the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and consequently direct the 3rd respondent to dispose of the application in OP.No.1831 of 2025 expeditiously and to pass such other order or orders.” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is a senior citizen and submitted a representation to the 3rd respondent on 02.12.2025 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘the Act, 2007’) seeking for monthly maintenance and the same was numbered as O.P.No.1831 of 2025. Pursuant to the same, the 3rd respondent issued a notice to the petitioner and respondent Nos.4 and 5 for appearance. Even though the petitioner appeared, but the respondent authorities did not take any steps for disposal of the said O.P. Hence, the Writ Petition. 4 4. On the other hand, learned Government Pleader for the respondents submits that the respondent authorities will consider the application in O.P.No.1831 of 2025 filed by the petitioner, within a short period in accordance with law. 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 counsel for the petitioner that even though the petitioner appeared, the authority did not consider and did not choose to pass any order. It further appears that the scheme was formulated to achieve the object and purpose of rendering speedy disposal in favour of the senior citizens and the 5 same cannot be defeated by way of sitting over the matter months together or by way of negligence or by way of lethargic attitude of the respondent authority. Once the respondent authorities have been designated as quasi judicial authorities, they shall perform their judicial functions 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 authorities, this Court is inclined to dispose of the Writ Petition, directing the respondent No.3 to dispose of the application in O.P.No.1831 of 2025 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of 30 days from the date of receipt of copy of this Order. 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 22.06.2026 BBSSPP//TTPPSS 6 56 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15982/2026 22.06.2026 BBSSPP//TTPPSS