Bariga Lakshmi Devi Vs the State of Andhra Pradesh

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

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pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of writ of mandamus to declare the inaction of the respondent No.3 in disposing of the Appeal filed by petitioner as arbitrary, illegal, abdication of the statutory duty cast upon him apart from being violative of Sec 16 (6) of The Maintanence and welfare of parents and senior citizens act, 2007 and the Constitutional rights guaranteed to us under Articles 14, 21 of the Constitution of India and consequently direct the respondent no.3 to dispose of appeal in expedious manner 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 respondent no.3 to dispose of appeal in expedious manner, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1.M.S.BANU PRASAD 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.9795 OF 2026

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ORDER:-

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This writ petition is filed under Article 226 of the Constitution of the India

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seeking the following reliefs:-

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“to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ Of Mandamus to declare the inaction of the respondent No.3 in disposing of the Appeal filed by petitioner as arbitrary, illegal abdication of the statutory duty cast upon him apart from being violative of Sec.16(6) of The Maintanence and welfare of parents and senior citizens Act, 2007 and the Constitutional rights guaranteed to us under Articles 14, 21 of the Constitution of India and consequently direct the respondent No.3 to dispose of Appeal in expeditious manner and pass such other order or orders...”

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Heard learned counsel for the petitioner and learned Government

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Pleader for the respondents.

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Learned counsel for the petitioner submits that the petitioner filed an appeal dated 02.03.2026 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (herein after referred as ‘Act’) assailing the order dated 19.01.2026 passed by respondent No.4. Even though the appeal is filed on 02.03.2026, but for one reason or the other the appellate authority i.e., respondent No.3 herein neither considered the appeal and passed orders nor disposed of the same on merits after providing opportunity of hearing to all the parties concerned.

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Learned counsel for the petitioner also submits that the petitioner is a senior citizen. Section 16 of the Act, clearly and categorically states that an appeal can be filed against the order of the respondent No.4 by any senior citizen or parent. Since, the petitioner being senior citizen as per the section 2(h) of the Act, the petitioner is entitled to prefer appeal.

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Learned Government Pleader appearing for respondents submits that the appeal preferred by the petitioner would be considered and disposed of by the respondents, within a reasonable time.

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Heard the learned counsels representing all the parties and perused the material placed on record. It is observed that in view of the Section 16(6) of the Act, 2007, the appellate authority is under statutory obligation to dispose of the appeal, if any, within a period of 30 days after providing opportunity of hearing to the appellant and respondent therein. But in the instant case, the appeal is filed on 02.03.2026. As such, this court is of the considered view, the present Writ Petition can be disposed of directing the respondent No.3 herein to consider and dispose of the appeal dated 02.03.2026 preferred by the petitioner after providing opportunity of hearing to all the parties concerned, within a period of 30 days from the date of receipt of copy of this Order.

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