Disposed

M.Sattaiah v. The State of Telangana

Telangana HC20 Nov 2024WP/6812/2024

Case brief

AI extract

What is this about?

A senior citizen filed a writ petition complaining that administrative authorities failed to enforce an order directing his children and a tenant to vacate property and pay maintenance. The Court held that ends of justice would be met by directing the tenant to pay rent and directed the Revenue Divisional Officer to examine the eviction representation.

What did the court decide?

Drafting order directing the tenant to pay rent; directing the Revenue Divisional Officer to examine eviction representations and pass a reasoned order.

M.Sattaiah Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32e6 ]

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

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WEDNESDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR^REDDY

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WRIT PETITION NO: 6812 OF 2024

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Between:

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M.Sattaiah, S/o.Late M.Balaiah, aged about 78^{years,R/o 8-6-25/'l} ,^Occ ;^{Nil Ground} Floor, Old Bowenpally, Friends Colony, Hyderabad,^{TelanganaState.}

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.....PETITIONER

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AND

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The State of Telangana, Represented through^{Secretary Social Welfare} Department, Secretariat building, Hyderabad.

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The Collector and District Magistrate, Medchal Malkajgiri,^{Office at ECIL,} Keesara Road, ORR Keesara, Godumakunta,^{Secunderabad, Telangana} 501301 .

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The Revenue Divisional Officer, Old Bowenpally,^{Malkajgiri, Hyderabad-} Telangana State.

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M. Ashok, S/o M.Sattaiah, aged about 34^{years, Occ Business,Rl/o Hno.8-6-} 2511 , First Floor, Old Bowenpally, Friends Colony,^{Hyderabad, Telangana} State.

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Padma,, Wo M. Ashok, aged about 32^{years, Occ Household,Ri/o Hno.8-6-} 2511, First Floor, Old Bowenpally, Friends Colony,^{Hyderabad, Telangana} State.

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Vishwanadham,, S/oNot known to^{Petitioner, aged about 30 years, Occ} Business, C/o Mulgi at Ground Floor in^{premises bearing MunicipalH'No.B-6-} 25t1, Old Bowenpdlly, Friends Colony,^{Hyderabad, TelanganaState.}

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.....RESPONDENTS

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Petition Under Article 226 ol the Constitution^{of lndiaprayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue an appropriate Writ, order or any direction more^{appropriatelyin} the nature of writ of Mandamus declaring the^{actionof Respondents particularly} Respondents No.2 and 3 in not^{providing protectionto Petitionerslife and}

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property against Rr:spondent Nos. 4 to 6 as being arbitrary, highly illegal. being violative of The Maintenance of Parents and Senior Citizens Act 2007 and The Telangana Maintenance of Parents and Senior Citizens Rules 201't and in violation of petitioners fundamental and legal rights more particularly Articles 2'1 and also 300 A.

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|.A.NO:1 OF 2024

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Official Respondents 2 and 3 to evict the Unofficial Respondents 4 and 5, from the First floor of petitioner's have and Respondent No.6, from the Mulgi at Ground Floor, both in- house property on plot no.36(Part) bearing MCH No.8-62511 in survey No.37, admeasuring 122 Sq. Yds., situated at Old Bowenpally, Hyderabad, Vallabngar Taluq, R.R.Dist. in accordance with and as per the 'The Telangana Maintenance of Parents and Senior Citizens Rules 201 1.

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I.A.NO:2 OF 2024

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the rit petition, the High Court may be pleased to direct the 4th Respondent to pay monthly maintenance to petitioner at the rate of Rs.10,000/- per month forthwith in pursuance of order passed by the Respondent No.3., dated:16 -06-2020 vide Proceedings No.L/1351/2019., pending disposal of writ petition.

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Counsel for the Pelitioner: SRI MOHAMMED SANAULLAH FARHAN

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Counsel for the Re:;pondent No.1 : GP FOR SOCIAL WELFARE

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Counsel forthe Respondent Nos.2 & 3 : G.P FOR REVENUE

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Counsel forthe Respondent Nos.4 to 6: -

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The Court made the following ORDER

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THE HON'BLE SRI^{JUSTICE C.V. BHASKAR REDDY}

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W'RIT ON No.6812 of

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ORDER:

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This writ petition is^{filed seeking to declarethe action of} the respondent Nos.2^{and 3 in not providing protectionto} petitioners life and property^{against respondent Nos'4 to 6' as} illegal, arbitrary, and^{violativeof 'The Maintenanceof Parents} and Senior CitLens Act,^{2OO7'(forshort, 'Act,2OO7'land "Ihe} Maintenance of Parents^{and SeniorCitizens Rules' 2011' (for} short, R.ules, 2Ol1).

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This Court, uide order^{dated 15'03'2023directed the} petitioner to take out^{personal noticeto respondentNos'4 and 5} and file proof of service^{by the next date of hearing'In pursuant} to the said order, learned^{counselfor ttre petitioner has filed} proof of service ur.de^{USR.No.91607 of 2024, dated 26'03'2024'} Even after receipt^{of notice, there is no a-Ppearanceon behalf of} respondent Nos.4^{and 5.}

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It is stated that^{the petitioner isa senior citizen'aged} about 78 years. It is also^{stated that heis the absoluteowner} and possessor of^{Housesituated on Plot No'36(part)'bearing}

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MCH. No.8-6-25/1, in Sy.No.g7, admeasuring 122 sq. yards, consisting of ground plus first floor, situated at o1d Bowenparly, Hyderabad, Vallabnagar Taluq, R.R. District. It is furthel stated that when respondent Nos.4 and 5 who are ttre son and daughter-in- law of the petitioner are not taking care of the petitioner for providing basic necessities and also in attending medical emergencies and respondent No.6, who is the tenant, being in illegal oceupation of ttre subject pfopeq/ anet refused to pay the rents to the petitioner, the petitioner was s.nsllair,ed to Iile an application on the file of respondent No.3 under the provisions ol' the Act, 2OOZ, seeking maintenance and also eviction ofrespondent Nos.4 to 6 from the sqbject properqF. The case of the petitioner is that in pursuant to the said complaint, the Revenue Divisional Officer, being the rrimary Tribund 11nder the provisions of the Act, 2OOZ, passed an order in proceeclings No.L / 135 I / 20 19, dated 16.06.2020, directing respondent Nos.4 AS and 5 to pay an amount of Rs.1O,OO0/- per rnonttr, marntenance with immediate effect. It is also stated in the said order that in respect of providing funds for treatment q1 16s wife of the complainant, i.e., the mother of respondent No.4, separate action is being taken to submit a detailed report to the Collector.

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4- The grievance of the^{petitioner is that despite the order} being passed by the^{RevenueDivisionalOfficer, specifically'} granting maintenance of an amount^{of Rs. 1O,0OO/-,payable by} respondent Nos.4 and^{5, respondent Nos.4 and 5 are not paying} the said amount and^{are also not vacating the propert5r'}

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Learned counsel for the^{petitioner has vehemently} contended that the petitioner^{had submitteda representationon} the file of the appellate authority^{for irnplementation of the order} passed by the Revenue Divisional^{Officer urde Proceedings} No.L/1351/2019, dated 16.06.2020.^{However,no action has} been taken by the respondent-authorities^{so far and therefore'} prayed this Court to direct the^{respondent-authoritiesto} consider tfie application/^{representationsubmitted bythe} petitioner seeking eviction of respondent^{Nos-4to 6'}

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Considered ttre submissions^{of the learned counsel for the} respective parties and^perused the^record.

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This Court, without expressing any^{opinion with regard to} the eviction of respondent^{Nos.4 and 5 in terms of the orders} passed by the Revenue Divisional Officer,^{is of the view that ends} of justice would be met if respondent^{No.6,who is the tenant, is}

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::4::

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directed to pay the rental amounts, into the account of the petitioner, on or before 5*' of every month. The Revenue Divisional Officer is further directed to examine the representation of the petitioner whether respondent Nos.4 to 6 are liable for eviction in terms of the provisions of the Act, 2OOT and pass reasoned order.

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With the above said directions, this Writ petition is disposed of.

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As a sequel, miscellaneous applications pending if any, shall stand closed. No costs. /

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SD/- L. VIJAY LAXMI ASSISTANT RE ISTRAR

//TRUE COPY//

SECTION OFFICER

The Secretary, Social Welfare Department, Secretariat building, State of Telangana at Hyderabad.

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The Collector and District Magistrate, Medchal Malkajgiri, Office at ECIL, Keesara Road, ORR Keesara, Godumakunta, Secunderabad, Telangana 501301.

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The Revenue Divisional Officer, Old Bowenpally, Malkajgiri, HyderabadTelangana State.

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Vishwanadham,, S/oNot known to Petitioner, aged about 30 years, Occ Business, C/o Mulgi at Ground Floor in premises bearing tt/unicipal H.No.8-62511, Old Bowenpally, Friends Colony, Hyderabad, Telangana State

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