The High Court directed the District Collector to dispose of a stay petition filed under the Maintenance and Welfare of Parents and Senior Citizens Act within three months and ordered maintenance payment while maintaining status quo.
Directions to examine appeal and dispose within three months; maintain status quo; pay Rs. 8,000 monthly maintenance.
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.
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[3296 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
. THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITI ON NO:35 560 0F 2024
Between:
Sri Kaso.ju Uday, S/o. Venkata 9.ng.V, 4SCd about 23 years, Occ. Carpenter, R/o Aepoor Vittage, Chityata Mandal, Natg6hOi Dsirict.' --
...PETITIONER
AND
Agriculture, Rl/o. H. No. 2-15, Aepoor Virr'ase: cnivat-ru",iori,"iilisonau District.
...RESPONDENTS
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be
/
pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the inaction of the Respondent No. 2 in not disposing the stay petition in Appeal Vide Case No.C1/6889/2024, Dated. 0611112024, filed by the Petitioner against the impugned order Dated. OSlOgl2O24, passed by the Respondent No.3 as being against Article 1 4, 19, 21 and 3004 of the Constitution of lndia and consequently for a direction to the Respondent No.2 to dispose the stay petition in Appeal vide Case No.C'l/6889i2024, Dated. 0611112024, filed by the Petitioner against the impugned order Dated. 05.09.2024, passed by the Respondent No. 3 within two weeks and direct the Respondent No.4 not take steps in respect of the impugned order Dated.05.09.2024 until the stay petition is disposed by the Respondent No.2, in accordance with law.
lA NO: 1 OF 2024
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 to direct the Respondent No.4 not take steps in respect of the impugned order Dated: 05.O9.2024 until the stay petition is disposed by the Respondent No.2, in accordance with law.
lA NO: 2 OF 2024
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 to direct the Respondent No.2 to dispose the stay petition in Appeal vide Case No.C116889/2024,Dated.06.11.2024, filed bythe petitioneragainstthe impugned order Dated. O5.O9.2O24, passed by the Respondent No.3 within two weeks, in accordance with law.
Counsel for the Petitioner: SRI KASOJU MAHESH CHARY Counsel for the Respondents No.1 to 4: GP FOR REVENUE
Counsel for the Respondent Nos.5 to 9: -
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.3556O of 2024
ORDER:
. It is stated that the petitioner is the owner of agricultural land admeasuring Ac.1.0O gts., in Sy.No.4O6a3/ l/ 1/1, situated at Aepoor Village, Chityal Mandal, Nalgonda District, having purchased the same from respondent No.S, who is his grandfather through a registered sale deed bearing document No. 1293 of 2023, dated 16. 1O.2O23. It is further stated that after the said land was sold out to the petitioner, respondent No.5 has filed a petition vide No.G/737 /2024, on the file of respondent No.3-The Chairman, Sub-Divisional Tribunal for Maintenance and Welfare of parents and Senior Citizens Act, 2OO7, seeking to cancel the sale deed bearing document No.l293 of 2023 which is executed by him in favour of the petitioner. It is further stated that respondent No,3 has passed arr order dated 05.09.2024 declaring that the said sale deed executed by respondent No.s in favour of the petitioner as invalid since the petitioner has not taken care of the grandfather nor attending medical necessities. The case of the petitioner is that aggrieved by the order dated O5.O9.2O24 passed by respondent No.3, he has filed an appeal under Section l6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2OOZ (for short,
2
CVBR, J wp 35560_2024
'the Act') uide No.Cl /6889 /2024 along with stay petition seeking stay of the order dated 05.09.2024passed by respondent No.3. The grievance of the petitioner is that respondent No.2 has not taking any action on the staypetition so far, therefore, thepresent writ petition.
CVBR, J wp-_35560 2024
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respondent No.2 to examine the appeal uide No.Cl /6889 /2024 filed by the petitioner and dispose of the same as expeditiously as possible within a period of three (o3) months from the date of receipt of a copy of this order. Meanwhile, theparties are directed to maintain status quo obtaining as on today over the subject property in all respects. Further, the petitioner is directed to pay the maintenance of Rs.8,00O/- per month to respondent No.s till the disposal of the appeal.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed
SD/.A.V.S. PRASAD ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
MP BS
\ry
I
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HIGH COU RT
DATED:1811212024
6 SIAI€
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ORDER
WP.No.35560 of 2024
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
d,
1 issue framed by the court
Whether the District Collector should examine and dispose of the stay petition expediently while maintaining status quo.
Sri Kasoju Uday
The State of Telangana
The District Collector
The Chairman, Sub-Divisional Tribunal
The Mandal Revenue Officer
Sri Devarakonda Anjaiah
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
