V. Pranaya Kumar 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in passing the impugned order dated 24-10-2024 in ordering to cancel the registered Gift Deed document No. 3706/2003, dated 29-09-2003 and in ordering to restore possession of the house property bearing No. 41-244171A at Teachers Colony, Wanaparthy, as illegal, unlawful, contrary to law and without^jurisdiction and consequently dismiss the case of the 4th respondent filed against the petitioner in case OP No. 81282t2023.

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lA 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 to suspending the operation of the impugned order dated 24.10.2024 passed by the 3rd respon,Jent in ordering to cancel the registered Gift Deed document No. 3706/2003, dated 29-09-2003 and ordering to restore the possession of the house property be'aring No. 41-244171A at Teachers Colony, Wanaparthy Town and District, pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRI M. DAMODAR REDDY

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Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE

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Counsel for the Respondent No.4:--

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

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THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

W.P.No.1O63 of 2O26

Date:

t-2026

Between

V. Pranaya Kumar

petitioner

AND

The State of Telangana, Rep. by its Principat Secretar5r, Revenue Department, Secretariat, Building, Secretariat, Hyderabad and three others.

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...respondents

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ORDER

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This Writ Petition is filed under Article 226 of the Constitution of Ind.ia, seeking the following relief/s:-

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"..........to declare the action of the: 3rcl responclerrt in passirrg the irnpugnecl order ciatccl 24-1O-'2021 in ordering to cancel tlie registerect Gitt Deed docrrment No. 3Z06l2OO3, dated 29-09-2003 ancl in ordering to restore possession of the house property bearing No. 4l-244 i7 I A at Teachers Colon_y, Wanerparthy, as illegal, trnlawfurl, contran: to lart, and u,ithout juriscliction ancl consequtentl-, dismiss the case of the 4th

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EVV.J W.P.No.l063 of2026

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resport(lent filecl against^{thepetitioner incase OP No'} ld128212023,^{andpasssllch other orders"}

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2.HeardSriM.DamodarReddy,learnedcounsel for the petitioner^{and Sri L. Ravinder,learned Assistant} Gover.nment Pleader^{forRevenue, appearingforthe} respondent Nos.1^{to 4. Perused the material availableon} recorrl.

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3.Learnedcounselforthepetitionerwould submit that the^{petitioner has becomethe absolute owner} and possessor of the^{subject property by way of gift} settlement deed. bearing^{documentNo.37O6l2OO3 dated} 2g-ott-2oo3. while^{SO, the 4t}j- respondent has filed a} petiti,rn in case o.P.No.B 1282/2023^{under Section 5 of} the lvlaintenance^{and Welfare ofParents and Senior} citizens Act, 2007,^{on04-05-2023 before the3'd} respondent, seeking^{cancellation of the said gift deed} alleging rhat the^{petitioner has obtained the said gift deed} fraudulentiy and^{a noticewas also issu-ed to the petitioner} to that eifect. On^{receipt of the notice, the petitionerhas} filed his counter in^{that case and also enclosed all the} required clocuments^{including theagreement ofthe}

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EVV,J W.P.No.l063 of 2026

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compromise dated 29-09-2003 in between the father and mother of the petitioner. However, the 2.,d respondent without considering the above documents and counter affidavit filed by the petitioner, passed the impugned order dated 24-LO-2O24 ordering to cancel the gift deed and restore possession of the above subject property to the 4tt, respondent. Aggrieved by the same, the petitioner has filed the present Writ Petition.

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Sri L. Ravinder, learned Assistant Government Pleader for Revenue, representing on behalf of the learned Government Pleader for Women and Child Welfare, would raise an objection to the maintainability of the Writ Petition on the ground that there is an alternative efficacious remedy available under the law to the petitioner and would submit that the petitioner having the valuable right to avail the alternative remedy available before the appellate authority and without resorting the said remedy by filing the appeal as against the impugned order, approached to this Court, and therefore, seeks to pass appropriate orders.

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t1VV,J W.l).No.1063 of²⁰²⁶

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TA

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Having heard the learned Assistant

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Gove::nment Pleader, and upon^perusal of the^material availarble on record, this Court,^{without making any} observation on the merits or demerits of the^{case, deems} it appropriate to dispose of the Writ^{Petitiondirectingthe} petiti,:ner to make an appeal before the^appellate authcrrity against the impugned order^{dated24-lO-2O24,} and l.he appellate authority, in-turn, shall^{examine the} case on merits after issuing notices to the^unofficial respondent as well. Accordingly, liberty is^granted to^the petitioner to file an appeal before the said authority within a period of fifteen working days from the date of receipt of a cop:/ of this order, as against the impugned order dated 24-lO-2O24 passed by the 3'd respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2',OO7. Till such time, both the parties to this Writ Petitic,n are directed to maintain status^quo obtaining as on to<lay. Since notice was directed to be ordered to the unoffi,:ial respondent, the issuance of further notice to her in the Writ Petition is dispensed with.