Kolla Bala Mallaiah Vs The State of Telangana

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 a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the action of the respondents No.4 and 5 in not implementing the Order of the 3rd respondent in Case No. K12212O25, dated 17 .03.2025 by respondents 4 and 5 to provide adequate protection to the petitioner into his house i.e., H No. 4-26, Narsingi Village, Gandipet [/andal,

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Ranga Reddy District lry directing the unofficiar respondents 6 a rd 7 ailow the petitioner in the housr: to lead happy rife and take care of trim by * e respondents 6 and 7, but the resr)or dents 6 and 7 did not alow the petitiont-.r rnto the house and the same is inforrned to the respondents 4 and 5, but not givirg any protection to the petitioner is higt ry iilegar, arbitrary and against the principrrs5 0f naturar justice and arso vioraliv. of Articres 14, 1g, 21 and 5oo-A of corrst tution of rndia and consequenfly Dirt_.r;l the respondents 4 and 5 to grve prot.ection to the petitioner to stay in the said house by implementing the orders of the 3rd respondent dated 1 7. C,3. 2025 in the interest of justice.

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lA NO: 1 OF 2025

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in suppcrt of the petition, the High court may be preersed to Direct the respondents 4 and r; to imprement the order of the 3rd respondent passed in case No Kr22r2o2s, rlated 17.03.2025 by directing the responrJerntr; 6 and 7 to allow the petitioner int. flre house and to take care of the petiti.ner and his wife and widow daughter in gre interest of justice, pending disposar of the main writ petition.

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Counsel for the petitiorre.: SBt BOLLU NAGARAJU

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Counsel for the Resporrdent Nos. 1 to 4: AGp FOR REVENUE Counsel for the Respondr:nt No. 5: AGp FOR HOME

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Counsef for the Resporrdents No. 6 & Z: _-

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The Court made the follouring: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.11349 of2o25

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ORDER:

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It is stated tha t the petitioner, who is aged about 70 years, is the father of respondent Nos.6 and 7. It is the case of the petitioner that when respondent Nos.6 and 7 neglected to provide basic necessities and attend the medical emergencies, he was constrained to made an application/ representation before respondent No.3 under the provisions of the Maintenance and Welfare of parents and Senior Citizens Act, 2OOZ (for short "the Act") seeking to allow him to reside in the house bearing No.H.No.4-26, Narsingi Village, Gandipet Mandal, Ranga Reddy District. It is further stated that respondent No.3_Revenue Divisional Officer has passed orders in Case No.K/22/2o2s, dated 17.03.2O25 directing respondent Nos.6 and 7 not to harass the petitioner and allow him to reside in the said house to lead happy life and take care of him till his Iifetime without any mental tensions, failing which it was clarified that a criminal case shall be Iiled under Section l1(2) of the Act and Chapter-IX of the Code of Criminal procedure, 1973. It is further stated that even after issuing the aforesaid specific directions by respondent No.3, rcspondent Nos.6 a,cr z are .,ot

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allowing thr:l petitioner to reside in the subj,:ct h ru se, which constrajned rl-re petitioner to approach the potir:e, Narsingi Police Stati.rr. u,ho conducted counseling to respond::nt Nos.6 and 7 and:rlsr directed them to allow the petitioner to resrde in the subject h tuse peacefully in terms of the orde - passed in Case No.K,/.22 /2025, dated 17.03.2025. The grievirnr:e of the petitioner is 1l at despite the same, respondent Nos;.{r 2snd 7 21. not permitti:.r g him to reside in the subject ho,se a.td aiso not extending he l;: during medical emergencies.

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Consicr:r--d the submissions made by the lezrrned counsel I-or the peLit.urner and learned Assistant Governmcnt pleader appearing for r:spondent Nos. 1 to 5 and with tberr conrrent this writ petition -. lisposed of at the admission stage. ln i;ie w of the nature of rerie' sought in this writ petition issuance or- r.rotice to respondent Nos 6 and 7 is dispensed with.

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3 Since rr € ppears that respondent Nos.6 and 7 hrrve not complied u,j t lL the orders of respondent No.3 ir Case No.K/22/2O2:,i lated 12.O3.2O25 and since they are liable to be prosecuted ur:cl( r Section 1t(2) of the Act and Ch apter -i),1 of the code of crirnirz r procedure, r9z3 tn terms of the seLid order, this Court dct r.rs it appropriate to dispose oI this u.ri, l etition

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directing respondent No.5-station House Ofhcer to initiate action against respondent Nos.6 and 7, who failed to implement the orders of respondent No.3 in Case No.K/2 2l2O2S, d.ated 17 .O3.2025 and also provide necessary protection and assistance to lhe petitioner to reside in the subject house.

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