APHC010647752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 33274/2023 Between: 1. GURAJALA VENKAYAMMA, W/O. LATE G. SAMBASIVARAO, AGED ABOUT 84 YEARS. TEMPORARILY R/O. PLOT NO. 21, KP NAGAR, NEAR MARIS STELLA COLLEGE, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN DEVELOPMENT AND CHILD WELFARE, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NTR DISTRICT. 3. THE SUBCOLLECTOR, VIJAYAWADA CUM PRESIDING OFFICER OF MAINTENANCE TRIBUNAL FOR PARENTS AND SENIOR CITIZENS, VIJAYAWADA, NTR DISTRICT. 4. SOMURI SREEKATH, S/O. KRISHNAJI RAO, AGED ABOUT 40 YEARS, R/O. D.NO. 59A-7-3, RTC COLONY, NEAR SAI BABA TEMPLE, ROAD NO. 2, PATAMATA, VIJAYAWADA, NTR DISTRICT. 5. SOMURI RESHMA, S/O. SREEKATH, AGED ABOUT 38 YEARS, R/O. D.NO. 59A-7-3, RTC COLONY, NEAR SAI BABA TEMPLE, ROAD NO. 2, PATAMATA, VIJAYAWADA, NTR DISTRICT. ...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 2 pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Certiorari calling for the records pertaining to and in connection with the Procs. RC. No. AT(NTR)/32/2023, dated 21.10.2023 passed by the 2ND respondent, wherein confirming the order passed by the 3RDrespondent Vide RC. A2/939//2023, dated 11.07.2023, examine the same and set it aside, after declaring the said order as illegal, arbitrary, in violation of Principles of Natural Justice and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No's 2 and 3 to evict the respondent No's 4 AND 5 from the residential house of the Petitioner bearing D.No. 59A-7-3, RTC Colony, Road No.2, Patamata, Vijaywada City and pass IA NO: 1 OF 2023 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 suspend the order passed by the 2ND respondent Vide Procs. RC. No. AT(NTR)/32/2023, dated 21.10.2023, confirming the order passed by the 3RD respondent Vide RC. A2/939//2023, dated 11.07.2023, pending disposal of the above writ petition and pass IA NO: 1 OF 2024 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 grant leave for filing replay affidavit in the writ petition No. 33274 of 2023 and to pass Counsel for the Petitioner: 1. SARANU PHANI TEJA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2. K V ADITYA CHOWDARY The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.33274 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, direction or Writ more particularly one in the nature of Writ of Certiorari calling for the records pertaining to and in connection with the Procs.RC.No.AT(NTR)/32/2023, dated 21.10.2023 passed by the 2nd respondent, wherein confirming the order passed by the 3rd respondent vide RC.A2/939//2023, dated 11.07.2023, examine the same and set it aside, after declaring the said order as illegal, arbitrary, in violation of Principles of Natural Justice and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent Nos.2 and 3 to evict the respondent Nos.4 and 5 from the residential house of the Petitioner bearing D.No.59A-7-3, RTC Colony, Road No.2, Patamata, Vijaywada City and pass such other order or orders.…” 2. The petitioner, who is a senior citizen, filed an application before the 3rd respondent, seeking eviction of respondent Nos.4 and 5 from D.No.59A-7-3, RTC Colony, near Sai Baba Temple, Road No.2, Patamata, Vijayawada, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’). The said application was closed by the 3rd respondent on the ground that civil disputes are pending between petitioner and respondent Nos.4 and 5. 3. Aggrieved by the same, the petitioner herein preferred appeal before the 2nd respondent-appellate authority under Rule 16 of the Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011. The appeal was dismissed, confirming the order of the 3rd respondent. 4 4. Assailing the said orders, the present writ petition has been filed on the ground that subject property does not form part of the civil dispute, as held by the 3rd respondent. It is also contended that subject property is not shown as suit schedule property in O.S.No.4 of 2018 on the file of learned VI Additional District Judge, Machilipatnam. 5. Heard Sri N.Subba Rao, learned Senior Counsel assisted by Sri S.Raja Mount, learned counsel for the petitioner and Sri Ganta Rama Rao, learned Senior Counsel assisted by Sri K.V.Aditya Chowdary, learned counsel for respondent Nos.4 and 5. 6. On perusal of the record and a copy of plaint, it appears that the subject property is not part and parcel of the suit schedule property. Both the learned counsel fairly submitted that the matter may be remitted back to the original authority, as the property claimed by the petitioner is not a suit schedule property. 7. In view of the submissions made by both the learned counsel, orders passed by the 3rd respondent and the 2nd respondent are hereby set aside and the matter is remanded to the 3rd respondent to adjudicate afresh, after issuing notice to all the parties and conclude the proceedings as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Both the parties are permitted to raise all the grounds, which were urged before this Court, including maintainability of the application 5 under the provisions of the Act, before the 3rd respondent. The 3rd respondent is directed to address the same, in accordance with law. 8. With the above observations, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.07.2026 KBN 6 57 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.33274 of 2023 Date: 29.07.2026 KBN