Disposed

Devavarapu Sulochana Devi v. The State of Telangana

Telangana HC23 Jan 2023WP/30557/2022

Case brief

AI extract

What is this about?

The High Court disposed of two connected writ petitions. It held that the petitioner-son cannot directly challenge the Tribunal order via Article 226 without preferring a statutory appeal. The court granted liberty to file such an appeal and to pursue execution of the restoration order through the appellate authority, keeping the miscellaneous petitions pending.

What did the court decide?

Liberty granted to prefer appeal under Section 16 of the 2007 Act before Appellate Authority and liberty to raise all grounds in the appeal.

Devavarapu Sulochana Devi Vs The State of… — Succession and Inheritance | Telangana HC (2023)

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[³¹⁶⁸ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION NOS: 30557 AND 4660 OF 2022

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wP NO. 30557 0F 2022:

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Between:

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Devavarapu Sulochana Devi, Wo. Late Subba Rao, Aged about B0 Years, Occ. House wife, R/o. H.No 1-2, Pocharam Village, Kalluru Mandal, Khammam District

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...PETrrroNER

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AND

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1 The State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana.

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I The Revenue Divisional Officer, Kalluru Division, Khammam District. 3 The Tahsildar, Kalluru Mandal, Khammam District. 4 The District Collector, Khammam Drstrict, Khammam. 5 Devavarapu. Satyanarayana, S/o Devavarapu Venkaiah, Age. 53 Yrs., Occ. Agriculture, R/O H. No. 1-23, Pocharam Village, Kalluru Mandal, Khammam District

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...RESP'NDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent no.3 In not passing any orders considering the representation submitted by the petitioner dated 28.01 .2022 which is filed requesting the respondent no.3 to cancel the family members certificate obtained by the respondent no.s vide certificate no. fSGGDE 56064227 daled 20.07.2021 by way of misrepresentation and suppression of real facts is nothing but arbitrary, illegal, null and void and violative of principles of natural^justice and also^{violativeof articles} 14, 19 and 21 of Constitution of lndia. Consequently, to^{direct the respondent} no.3 to consider the representation of the^{petitioner daled 28.01 .2022 and pass} appropriate orders for cancellation of the family^{members certificatevide} certificate no. TSGGDE 56064227 daled 20.O7.2021

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Counsel for the Petitioner: SRI TUMMALA NAGESWARA RAO

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Counsel for Respondent Nos. 1 to 4: GP FOR REVENUE

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Counsel for Respondent No.5: SRI BONDEMPALLY RAMULU

WP NO: 4660 OF 2022

Between:

AND

Devavarapu Satyanarayana, S/o Late Subba Rao, Age. 53 Years, Occ. Agriculture, Rl o. 1 -23, Pocharam Village, Kalluru Mandal, ^nrr:l.D'l?l31!

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'l . The Revenue Divisional Officer & Tribunal for Maintenance and Welfare of Parents, Kallur, Khammam District.

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1. The Tahsildar, Kallur Mandal, Khammam District.

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The District Collector, Khammam District, Khammam.

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The State of Telangana, Rep. by its Principal Secretary Revenue Department, Telangana Secretariate, Hyderabad.

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Devavarapu Sulochana Devi, Wo. Late Subba Rao, R/o. 1-2, Pocharam Village, Kalluru Mandal, Khammam District.

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...REspoNDENTs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Mandamus declaring the orders passed in Senior Citizens Case No. Bl66dt2}21 dated 04.01 .2022 by the respondent No.1 communicated on 25.01 .2022 in so far as directing the respondent No.2 to restore the possession of the land an extent of Ac.0-16 gts. situated in S.No.12iA and an extent of Ac.3-0750 gts. in S.No. 568/uu with total extent of Ac.3-2350 gts. covered with single plot existing with residential house bearing No.1-111 situated at Peddakorukondi Revenue Village of Kalluru Mandal of Khammam District belongs to the petitioner to the respondent No.S is without power and jurisdiction and the same is arbitrary, illegal, unjust and violation of Articles 14 and 300-A of the Constitution of- lndia and also contrary to the Maintenance and Welfare of Parents and Senior Citizens Acl, 2007 and Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 and quash the same and consequently, declare that the respondents have no power to interfere with the possession of the schedule land existing with residential house bearing No.1-1l'l situated at peddakorukondi Revenue Village of Kalluru Mandal of Khammam District

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated ln the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of orders passed in Senior Citizens Case No. 8.166012021 dated 0410112022 communicaled on 25101/2022 in so far as the land in an extent of Ac.0-16 gts. situated in S.No.12lA and an extent of Ac.3- 0750 gts. in S.No. 568/uu with total extent of Ac.3-2350 gts. covered with single plot existing 146 residential house bearing No.1-111 situated at Peddakorukondi Revenue Village of Kalluru Mandal of Khammam District belongs to the petitioner pending disposal of the above writ petition

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lA NO: 2 OF 2022:

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Between:

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Devavarapu Sulochana Devi, Wo. Late Subba Rao, R/o. 1-2, Pocharam Village' Kalluru Mandal' Khammam District'

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....pETrroNER/RES''NDENT No.5

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AND

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The Revenue Divisional Officer & Tribunal for Maintenance and Welfare of Parents, Kallur, Khammam District.

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The Tahsildar, Kallur Mandal, Khammam District.

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The District Collector, Khammam District, Khammam.

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The State of Telangana, Rep. by its Principal Secretary Revenue Department, Telangana Secretariate' Hyderabad

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-..RES,.NDENT'/RE.',NDENTS

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Devavarapu Satyanarayana, S/o Late Subba Rao, Age. 53 Years, Occ. Agriculture, Rto.1-23, Pocharam Village, Kalluru ,rL*?.SfiBlfr?f.?i?l3"L

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Petition under Section 151 CPC praying that in the circumstances stated an the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 28.01.2022 in lA No.112022 in WP No.4660/2022

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Counsel for the Petitioner: SRI BONDEMPALLY RAMULU

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Counsel for Respondent Nos. 1 to 4: GP FOR REVENUE

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Counsel for Respondent No. 5: SRI TUMMALA NAGESWARA RAO

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The Court made the following: COMMON ORDER

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I.ION'I}LE SRI JLISTICE, K. LAKSHMAN

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WITIT PETITION Nos.30557 AND 4660 OF 2022

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OIIAL ORDEIT:

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Heard I\4r. Tummala Nageswara Rao, Ieanred counsel lbr the petitioner in W.P.No.30557 of 2022 and unofficial respondent ln W.P.No.4660 of 2022, Mr. Bondempally Ramulu, leamed counsel fbr the petitioner in W.P.No.4660 of 2022 and unolficial respondent in W.P. No.30557 of 2022 and learned Assistant Government Pleader for lLevenue appearing on behalf ol respondent Nos. I to 4 in both the writ petrtrons.

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W.P. No.30557 of 2022 is filed to declare the action of resporrdent No.3 in not considering the representation dated 28.01.2022 subrnitted by the petitioner seeking to cancel the family member certificate obtained by respondent No.5 vide Certificate No.TSGGDE 56064227, dated 20.07.2021, and for a consequential direction to consider thc said representation. Whereas, W.P. No.4560 of 2022 is liled chatlenging the order dated 04.01.2022 in Senior Citizens Case No.8/660/2021 passed by respondent No. l.

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i. For the sake of convenience, the parties will be referred as amayed in W.P. No.30557 of 2C22.

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Vide the aforesaid order, dated 04.01 .2022, respondcnt No. I has directed respondent No.2 to restore the possession ol the subject land and residential houses i.e., H.No. l-l/1, Peddakorukondi village and H.No.l-7, Pochavaram village, back to the petitioner under the coi,er of panchanama by following due procedure laid down under law within ten (10) days from the date of issue of copy of the said ordcr. Respondent No.2 was also directed to inquire into the genuinity of the Family Member Certificate produced by respondent No.5 in claiming the property held by late Devavarapu Subba Rao and take action accordingly.

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As per Section - l6 of the Maintenance and Wellare ol Parents and Senior Citizens Act,2007 (for short 'Ac|2007'), appeal lies before the Appellate Authority. Respondent No.5 instead of preferring appeal in terms of Section - 16 of the Act, 2007, filed W.P. No.4660 of 2022 on the ground that as per the language of Section - 16, appeal by any senior citizen or a parent, as the case may be, is maintained, but not by chitdren. The said aspect is no more res integra. In H. Deepika v. Maintenance and Welfare of the Parents and Senior Citizens Appellate Tribunalr,

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a leamed Single Judge of this Court hetd that appeal filed by^{the children}

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r. Order in w.P. No.5125 of 2017, decided on 05.03.2020

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as.ainst thc ordcr passcd b1' the i\laintenance fribunal undcr the Act,

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1007 is rnaintainablc. l he said order was conllrmed bv a Division Bench ol this Court vide order dated 22.03.2022 in W.A. No.547 of' 2020. In view ol the same, respondent No.5, who is petitioner in W.P. No.4660 ol2012, has to preler appeal in terms of Section - l6 olthe Act, 2007.

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Therefore, W.P.No.4660 of 2022 is disposed of granting liberty

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to the petitioner therein to prefer appeal under Section - i6 of tlie Act, 2007 befbre the appellate authority. Liberty is also granted to him to raise all the grounds and contentions which he has raised in the writ petition and it is fbr the appellate authority to consider the same. At the same tirne, W.P. No.30551 of 2022 is also disposed of granting libefiy to the petitioner therein to seek execution of the aforesaiC order dated

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04.01 .2022 ol respondent No.l by following the procedure laid down

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under the Act, 2007 and it is for respondent No.l to consider the same.

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In the circumstances of the case, there shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending in the

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w'rit petitions shall stand closed.

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sD/'c'^{PRAVEENKUIU4I} -AsslSTANT REGI9TRAR //rRUE coPY/'

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'ecrror'rLf;rrrcen

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To, 1 The Principal^{Secretary,Revenue Department'State of Telangana'} 2. ff:'aEJ:'l;!'i;113?ii^{l?t:?ii?iiu,n,rror Maintenanceandwerrareor} 4. 5. 6. ?'., "n' "',"', 7. **$$,",J#m#**H$,.ffi

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