Muppidi Papa Vs the State of Ap

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, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in not disposing my application Dt.02.02.2026 made under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal,

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irregular, arbitrary and violations of the principles of Natural Justice and violation of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and its rules framed there under and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the 3rd respondent to dispose of the application dated 02.02.2026 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 direct the 4th Respondent to not to create and execute any kind of conveyance deeds pertaining to property i.e., RCC Slab house bearing D.No.2-148 in an extent of 135 Sq Yds in R.S.No.526/1B of Samisragudem Village of Nidadavole Mandal, West Godavari District(present East Godavari District), pending disposal of the main writ petition and pass

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Counsel for the Petitioner:

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1.MANGENA SREE RAMA RAO

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6610/2026

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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 3^rd respondent in not disposing petitioner’s application dated 02.02.2026 made under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, irregular, arbitrary and violations of the principles of Natural Justice and violation of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and its rules framed there under and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the 3^rd respondent to dispose of the application dated 02.02.2026 and pass such other order.”

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

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Learned counsel for the petitioner submits that the

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petitioner is aged about 60 years and she is a senior citizen. The petitioner is the absolute owner and possessor of the RCC slab house bearing D.No.2-148 admeasuring to an extent of 135 Sq. yards in R.S.No.526/1B of Samisragudem Village of Nidadavole Mandal, West Godavari District, having acquired the said property through an unregistered Will executed by her father. On 30.05.2019,

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the petitioner had executed a settlement deed in favour of her daughter/4^th respondent herein. Thereafter, the 4^th respondent is not

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taking care and not looking after the welfare of the petitioner. Moreover, the 4^th respondent dispossessed the petitioner from the subject property and the petitioner is living at the temple premises.

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Learned counsel for the petitioner further submits that the petitioner filed an application/case before the 3^rd respondent on 02.02.2026 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking to cancel the settlement deed dated 30.05.2019 executed by the petitioner in favour of the 4^th respondent. The petitioner on several occasions requested the 3^rd respondent for disposal of the said application. But, the 3^rd respondent for one reason or the other not disposing of the said application. During pendency of the said application, the 4^th respondent is trying to alienate the said property. As such, this Writ Petition is filed.

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Learned Government Pleader for the respondents submits that the respondents more particularly the 3^rd respondent would consider and dispose of the application of the petitioner filed on 02.02.2026, within a short period.

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Considering the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be

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disposed of directing the 3^rd respondent to consider and dispose of the application dated 02.02.2026 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of copy of this Order. In the meanwhile, the petitioner is permitted to move an interim application if any, if requires and the same should be considered by respondent No.3 forthwith.

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