Writ petition challenging Maintenance Tribunal order was disposed at admission. Court directed parties to file statutory appeal and granted temporary stay on property record changes.
Petitioners directed to approach appellate tribunal under Section 16; Tahsildar directed not to cancel pattadar passbooks for three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3330]
APHC010415422026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 10th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 22403/2026
Between:
...PETITIONER(S)
AND
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SRIRAM NAGAR NEW GAJUWAKA, VISAKHAPATNAM DISTRICT 530 026
...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 a. Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in passing the Impugned Order dated 31.07.2025 in Case No. 2025 of 2025 (received by the petitioners on 03.08.2026) by directing the petitioners to pay monthly maintenance of Rs.10,000/- to the 5th respondent and also not to evict the 5Ui respondent from the House No. 5- 7, E. Chowduwada village, Kasimkota Manal, Anakapalle District and also the pattadar passbooks and title deeds of the petitioners are declared void, without giving any opportunity to file counter/ objection of the petition filed by the 5th respondent and also without considering the Orders of the Honble High Court passed in W.P. No. 21350/2026 and 21423 of 2026, dated 31.07.2026, passed the impugned order is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India by setting aside the impugned Order dated 31.07.2026 and consequently direct the respondents not to change the revenue records in connection with the petitioners property without following due process of law in the interest of justice and to pass
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 pleased to SUSPEND the operation of the Impugned Order passed by the 3rd respondent on dated 31.07.2025 in Case No. 2025 of 2025 (received by the petitioners on 03.08.2026), pending disposal of the main writ petition, and pass
IA NO: 2 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 Pleased to Direct the Respondents particularly 4th respondent Tahsildar not to make any Corrections/ changes / mutations in the revenue records in connection with the petitioners property i.e., total an extent of Ac.2.27 cents in
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Sy No. 18-3 to 18-4D situated at Sundarayyapeta village, Kasimkota Mandal, Anakapalli District belongs to the 1st petitioner and total an extent of Ac.1.23 cents in Sy No. 18-2 to 53-3 situated at Eswarapalli Chouduvada village, Kasimkota Mandal, Anakapalli District belongs to the 2nd petitioner without following due process of law, pending disposal of the main writ petition, and pass
Counsel for the Petitioner(S):
Counsel for the Respondent(S):
The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.22403 OF 2026
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of
India seeking the following relief:
“… to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in passing the Impugned Order dated n Case No. 2025 of 2025 (received by the petitioners on 03.08.2026) by directing the petitioners to pay monthly maintenance of Rs.10,000/- to the 5th respondent and also not to evict the 5th respondent from the House No.5-7, E.Chowduwada village, Kasimkota Manal, Anakapalle District and also the pattadar passbooks and title deeds of the petitioners are declared void, without giving any opportunity to file counter/ objection of the petition filed by the 5th respondent and also without considering the Orders of the Hon’ble High Court passed in W.P.No. 21350/2026 and 21423 of 2026, dated 31.07.2026, passed the impugned order is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India by setting aside the impugned Order dated 31.07.2026 and consequently direct the respondents not to change the revenue records in connection with the petitioners’ property without following due process of law in the interest of justice and to pass such other order or orders.…”
and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’), passed an order in Case No.2025 of 2025, dated 31.07.2026, directing the petitioners herein to pay monthly maintenance at the rate of Rs.10,000/- to the unofficial respondent No.5 and also further directed
not to disturb peaceful possession of the unofficial respondent in the residential premises located at D.No.5-7, E.Chowduwada Village, Kasimkota Mandal, Anakapalle District, and also declared the pattadar passbooks and
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title deeds as void. Assailing the said order, present Writ Petition has been filed.
(a) The petitioners are directed to approach appellate Tribunal under Section 16 of Act, and as provided under the Act.
(b) The petitioners are directed to file an application, for stay of proceedings, before the appellate authority and the appellate authority is directed to dispose of the same in accordance with law, without being influenced by any observations made by this Court.
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(c) The Tahsildar is directed not to cancel the pattadar passbooks and title deeds for a period of three months from today.
(d) 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: 10.08.2026
KBN
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18
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.22403 of 2026
Date: 10.08.2026
KBN
1 issue framed by the court
Whether the impugned order directing maintenance payment and deed cancellation is maintainable given the availability of statutory appeal.
2 provisions across 2 enactments
Kuntrapu Sanni Babu
Kuntrapu Tatayya
The State of Andhra Pradesh
The District Collector
The Maintenance Tribunal and Revenue Divisional Officer
Smt Kundrapu Mahalakshmi
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
