Settipalli Narasimha Rao Vs The State of Andhra Pradesh

SETTIPALLI NARASIMHA RAO, S/O. VENKAT RAO, AGE. 54 YEARS, OCC. AGRICULTURE, R/O.1-18, KALLA CHERUVU, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534452.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238.

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THE DISTRICT COLLECTOR, ELURU DISTRICT, ANDHRA PRADESH-534001.

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THE CHAIRMAN OF THE MAINTENANCE OF PARENTS, SENIOR CITIZENS WELFARE TRIBUNAL AND REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM REVENUE DIVISION, JANGAREDDYGUDEM, ELURU DISTRICT, ANDHRA PRADESH534447.

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THE TAHSILDAR, JANGAREDDYGUDEM MANDAL, ELURU DISTRIT-534447.

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MR SETTIPALLI VENKAT RAO, S/O. NARSAIAH, AGE. ABOUT 86 YEARS, OCC. NOT KNOWN, R/O, KALLA CHERUVU, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534452.

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MR MUPPANENI SURYA PADMASRI, W/O. VENKATESWARA RAO, AGE. NOT KNOWN, OCC. NOT KNOWN, R/O. KALLA CHERUVU, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534452.

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MRS SETTIPALLI SUJATHA, W/O. LAKSHMAIAH, AGE. NOT KNOWN, OCC. NOT KNOWN, R/O. KALLA CHERUVU, KAMAVARAPUKOTA MANDAL ELURU DISTRICT, ANDHRA PRADESH-534452.

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...RESPONDENT(S):

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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 or order, orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing notice dated) 07-01-2026, directing me to appear before him on 09-01-2026 at about 11.00 hours, without having jurisdiction simply basing on a complaint dated 29-12-2025 allegedly lodged by the 6th respondent, at the instigation and behest of 7th and 8th respondents without even looking into the letter and spirit therein a Registered Gift Deed bearing Document No.3761/2025 dated 19-07-2025 as illegal, arbitrary, discriminative. colourable exercise of powers, non-application of mind besides violative 1of the provisions thereunder the Maintenance and Welfare of Parents and Senior citizens Act, 2007 and also the Arts.14, 21 and 300-A of the Constitution of India and ii) consequently, set aside the same and pass

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IA NO: 1 OF 2026

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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 operation of the notice dt.07-01- 2026 issued by the 4th respondent and pass

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Counsel for the Petitioner:

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1.VUYYURU LAKSHMANA RAO

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Counsel for the Respondent(S):

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1.GP FOR WOMEN DEV CHILD WELFARE

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2.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1664/2026

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th respondent in issuing notice dated 07.01.2026, directing me to appear before him on 09.01.2026 at about 11.00 hours, without having jurisdiction simply basing on a complaint dated 29.12.2025 allegedly lodged by the 6^th respondent, at the instigation and behest of 7^th and 8^th respondents without even looking into the letter and spirit therein a Registered Gift Deed bearing Document No.3761/2025 dated 19.07.2025 as illegal, arbitrary, discriminative, colourable exercise of powers, nonapplication of mind besides violative of the provisions thereunder the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and also the Arts.14, 21 and 300A of the Constitution of India and consequently, set aside the same and pass such other order.”

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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Learned counsel for the petitioner submits that present writ petition is filed challenging the notice dated 07.01.2026 issued by the 4^th respondent directing the petitioner herein to appear before the Tribunal i.e., 4^th respondent pursuant to the application submitted by the 6^th respondent who is none other than the father of the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He further submits that the 4^th respondent is not competent authority to issue such notice.

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On perusal of the record, the 4^th respondent is the

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competent authority and constituted as Tribunal under Section 7 of the Act 56 of 2007. Hence, the 4^th respondent is empowered to issue such notice. As alleged by the learned counsel for the petitioner, it cannot be said that the notice was issued by the 4^th respondent is without jurisdiction under the provisions of the Senior Citizens Act, 2007. Therefore, the petitioner shall appear before the Tribunal i.e., 4^th respondent and submit his claim as entitled or his liability basing upon the documents/records available. Further, the contention of the petitioner that the 4^th respondent is not an authority or competent to issue such notice is not valid, untenable and sustainable and also contrary to law.

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With the above observation, the Writ Petition is disposed of directing the petitioner to appear before the 4^th respondent and can submit his claim along with all the relevant documents. After such submission, the 4^th respondent is directed to proceed and consider the claim/documents submitted by the petitioner and conduct an enquiry and pass appropriate orders in accordance with law. There shall be no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

21.01.2026 TPS

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA