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2026 DAILYLAW 8692 (AP)

SHAIK IBRAHIM v. THE STATE OF ANDHRA PRADESH

WP/23798/2026 · 2026-08-19

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010434852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE 20th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23798/2026 Between: 1. SHAIK IBRAHIM, S/O. HUSSAIN SAHEB, AGED ABOUT 65 YEARS, OCC NO AVVOCATION AT PRESENT RIO. D.NO. 13-10-10/44, ISLAMPET, ESWAR MAHAL BACKSIDE, NARASARAOPET, PALNADU DISTRICT. PRESENTLY RESIDING AT VENIGANDLA VILLAGE, PEDDAKAKANI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.- 522238 2. THE TRIBUNAL FOR MAINTENANCE OF SENIOR CITIZENS AND PARENTS, REP. BY ITS PRESIDING OFFICER, NARASARAOPET, PALNADU DISTRICT.-522601 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET DIVISION, PALNADU DISTRICT.-522601 4. THE STATION HOUSE OFFICER, NARASARAOPET II TOWN POLICE STATION, NARASARAOPET, PALNADU DISTRICT.- 522601 5. SHAIK RUKSANA, W/O. SYDAVALI, AGED ABOUT 30 YEARS, R/O. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, PALNADU DISTRICT.-522601 2 6. SHAIK MADIREVALI, S/O. CHINNA SYDA, AGED ABOUT 63 YEARS, RIO. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, PALNADU DISTRICT.-522601 7. SHAIK MADIRE ANSARA, . W/O. VALI, AGED ABOUT 61 YEARS, RIO. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, PALNADU DISTRICT.-522601 8. SHAIK MADIRE JHONY BASHA, S/O. VALI, AGED ABOUT 38 YEARS, R/O. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, PALNADU DISTRICT. -522601 9. SHAIK MADIRE SYDAVALI, S/O. VALI, AGED ABOUT 32 YEARS, R/O. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, PALNADU DISTRICT.-522601 10. SHAIK MADIRE CHINNA KHAJA, S/O. VALI, AGED ABOUT 30 YEARS, R/O. CHINNATURAKAPALEM VILLAGE, YALAMANDA, NARASARAOPET, 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 to issue Writ or order or direction more particularly Writ in the nature of Writ Of Mandamus or any other appropriate Writ to call for the records pertaining to the impugned endorsement in R.C.No. 2517/2023-D, dated 26- 08-2023 (Ex.P1) passed by the 2nd Respondent and to quash and setaside the same as being illegal, arbitrary, perverse, non-est in law and in violation of Articles 14, 21 and 300-A of the Constitution of India, as well as against the statutory mandate of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to direct the 2nd Respondent to immediately restore the application filed by the Petitioner and to conduct an inquiry on merits and pass orders for protecting the life and property of the petitioner within a time bound manner 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 Direct the 4th Respondent to provide Police Protection to the Petitioner and his property pending disposal of the Writ Petition Counsel for the Petitioner: 3 1. PADALA VENKATA SRIRAM REDDY Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23798 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue Writ or order or direction more particularly Writ in the nature of Writ of Mandamus or any other appropriate Writ to call for the records pertaining to the impugned endorsement in R.C.No.2517/2023-D, dated 26-08-2023 (Ex.P1) passed by the 2nd Respondent and to quash and setaside the same as being illegal, arbitrary, perverse, non-est in law and in violation of Articles 14, 21 and 300-A of the Constitution of India, as well as against the statutory mandate of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to direct the 2nd Respondent to immediately restore the application filed by the Petitioner and to conduct an inquiry on merits and pass orders for protecting the life and property of the petitioner within a time bound manner and pass such other order or orders.…” 2. The petitioner filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) with a prayer to direct the relatives of the senior citizen to return valuable documents, gold ornaments and other articles relating to his properties and also sought protection to his life from the hands of his relatives. 3. The 3rd respondent, vide endorsement dated 26.08.2023, observed that no action can be taken on the said application on the ground that issue does not fall under the purview of the senior citizen Act, 2007 and it is a matter, which had to be adjudicated before the competent civil Court. 4. Upon reviewing the application filed under Section 5 of the Act, the 3rd respondent-Revenue Divisional Officer has rightly observed that as per 5 assertions made in the application, the issue clearly falls under the purview of civil jurisdiction. 5. Therefore, without going into merits of the case, the present Writ Petition is disposed of, permitting the petitioner to file appropriate fresh application before the concerned authority and the authority is directed to consider the same and pass appropriate orders, in accordance with law. 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: 20.08.2026 KBN 6 43 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23798 of 2026 Date: 20.08.2026 KBN