Disposed

Paritala Srinu v. the State of Andhra Pradesh

Andhra Pradesh HC23 Dec 2024WP/30488/2024

Case brief

AI extract

What is this about?

Sons facing a maintenance tribunal proceeding by their mother sought Form-C notice, copy of her application seeking cancellation of registered documents, and permission for legal representation. The court directed the Tribunal to furnish the Form-C notice, application copy and enclosures, and disposed of the writ petition without costs.

What did the court decide?

Direction to respondent No.2 Tribunal to furnish Form-C notice with copy of application and enclosures filed by respondent No.3.

Paritala Srinu Vs the State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 30488 OF 2024

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Between:

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Paritala Srinu, S/o Late Dasaradha Rama Rao, aged about 52 years, Occ: Agriculture, R/o D.No.5-165, Akividu, West Godavari^District

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Paritala Ranjeeth Kumar, S/o Late Dasaradha Rama Rao, aged about 41 years, Occ: Agriculture, R/o D.No.5-165, Akividu,^WestGodavari District

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Women, Children, Disabled and Senior Citizens (DW) Department, Secretariat, Amaravathi, Guntur District, A.P.

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The Chairman, Maintenance and Welfare of Parents, and Senior Citizens Tribunal-cum-, Revenue Divisional Officer,^Bhimavaram West Godavari District.

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Paritala Satyavathi, W/o Late Dasaradha Rama Rao, aged about 70 years, Occ: Housewife, R/o 0pp. Masjid, Main Road, Akividu, West Godavari District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, for a direction to the 2nd Respondent to furnish the notice under Form-C along with the copy of application and its

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enclosures filed by the 3rd Respondent in Rc.No.545/2024/SA(L) under r Rule-6(1) of The Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011, by permitting to engage the legal practitioner on behalf of the petitioners in the said case.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to furnish the notice under Form-C along with the copy of application and its enclosures filed by the 3rd Respondent in Rc.No.545/2024/SA(L) under Rule-6(1) of The Andhra Pradesh Maintenance of Parents and Senior Citizens Rules 2011, by permitting to engage the legal practitioner on behalf of the petitioners, pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI B. CHANDRA SHEKHAR

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Counsel for the Respondent Nos. 1 & 2: GP FOR WOMEN DEV CHILD WELFARE

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Counsel for the Respondent No.3: -—

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The Court made the following: ORDER

APHC010584812024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 30488/2024

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Between:

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Paritala Srinu and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.B CHANDRA SHEKHAR

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Counsel for the Respondent(S):

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1.GP FOR WOMEN DEV CHILD WELFARE

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The Court made the following Order:

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This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:-

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.pleased to issue Writ, Order or Direction more particularly^oneInthe nature of Writ of Mandamus for a direction to the 2''^ Respondent to furnish the notice under Form-C along with the copy of application and its enclosures filed by the 3'^ Respondent in Rc.No.545/2024/SA(L)^under Rule-6(1) of The Andhra Pradesh Maintenance of Parents and Senior

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Citizens Rules, 2011 by permitting to engage the legal practitioner on behalf of the petitioners in the said case and pass...:

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The case of the petitioners in brief is that the petitioners mother approached the Tribunal seeking for a relief for maintenance^andalso prayed the Tribunal to cancel the registered documents bearing Nos.5446, 5447 and 5448 of 2022, dated 25.12.2022 and to handover the said properties in favour of the 3^*^ respondent^{herein.Pursuanttothe} said petition, the 2"^ respondent had issued notice,^{dated19.06.2024to} the petitioners to appear before the Tribunal on 25.06.2024 and thereafter, a notice, dated 22.11.2024 has been issued calling the petitioner to appear before the Tribunal at 27.11.2024. Pursuant to the said notices, the petitioners approached the Tribunal and requested to furnish the petition copy along with enclosures i.e., registered documents seeking to be cancelled. But, the Tribunal has not considered the said request of the petitioners. Thereafter the 1®‘ respondent has issued G.O.Ms.No.49, dated 28.12.2011 and according to Rule⁶ of the said rules, notice in Form-C has to be issued to the petitioners. But, the 2 nd respondent has not issued notice under Form-C and copy of the application. Hence, the present Writ Petition is filed.

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Heard Mr B.Chandrasekhar, learned counsel for the petitioner and the learned Government Pleader for Women Development and Child Welfare appearing for the respondents.

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On hearing, learned counsel for the petitioners submitted that though the petitioners requested the 2"'^ respondent Tribunal to permit them to engage a counsel, but the Tribunal did not consider the request of the petitioners stating that Section 17 of the Act does not permit the counsel to engage. Without copy of the application^and its enclosures and without a counsel to be represented it is impossible to a layman to defend their case. Hence, the learned counsel for the petitioners requests to pass appropriate orders.

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Learned Government Pleader for Women Development and Child Welfare Department appearing for the respondents^{submitsthatas} per Section 17 of the Maintenance and Welfare of Parents of Senior Citizens Act, 2007 “notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate^Tribunal shall be represented by a legal practitioner”. Hence, as per the above said section, the case of the writ petitioners was not considered.

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Considering the submissions of both the learned counsel and on perusal of the record, the 2""' respondent is^{directedtofurnishthe} notice under Form-C along with copy of the application^{anditsenclosures} filed by the 3"'^ respondent in Rc.No.545/2024/SA(L) under Rule 6(1) of the Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011 to the petitioners.

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