Andhra Pradesh High Court
WP/22754/2026 of DONGA SARASWATHI Vs THE STATE OF ANDHRA PRADESH on 11 August 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22754/2026 Between: 1. DONGA SARASWATHI, W/O LATE SRI DONGA SAIBABA, AGED ABOUT 82 YEARS, OCC
APHC010412832026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE 12th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 22754/2026
Between:
1. DONGA SARASWATHI, W/O LATE SRI DONGA SAIBABA, AGED
ABOUT 82 YEARS, OCC HOUSEWIFE, R/O 39-10-1/308A, ANJANA
APARTMENT, STADIUM EAST ROAD, MOGALRAJAPURAM, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH - 520 010. AADHAAR NO. 6866 4359 3611
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT
BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522
237.
2. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE
COMMISSIONERATE, M.G. ROAD, LABBIPET, VIJAYAWADA - 520
010.
3. THE DISTRICT COLLECTOR, CHAIRMAN, SPECIAL COURT FOR
LAND GRABBING, KRISHNA DISTRICT, VIJAYAWADA - 520 001.
4. THE REVENUE DIVISIONAL OFFICER RDO, PRESIDING OFFICER, MAINTENANCE TRIBUNAL, VIJAYAWADA DIVISION, VIJAYAWADA - 520 001.
5. DONGA SUBHADRA, W/O LATE SRI DONGA HARINADHA BABA, R/O D.NO.12-12-22, PADHI STREET, GANDHI HILL, VIJAYAWADA - 520 001.
6. SRI DONGA JAYAKRISHNA NAGESWARA BABA, S/O LATE SRI
DONGA HARINADHA BABA, R/O PLOT NO. 402, SRI DATTA
RESIDENCY, SRI RAM COLONY, ENIKEPADU - 521 108.
7. DONGA MEDIDA VIJAYALAKSHMI, W/O LATE SRI DONGA MURALI
NAGENDRA VENKATA DURGA KUMAR, R/O SHOP NO. 15, INDIRA
GANDHI
MUNICIPAL
STADIUM
COMPLEX,
BUNDER
ROAD,
LABBIPET, VIJAYAWADA - 520010.
8. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD
WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH
DEPARTMENT,
SECRETARIAT
BUILDING,
VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT - 522 237.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent No. 4 RDO
Presiding Officer, Maintenance Tribunal) in not considering and disposing of the Petitioners application dated 21st April 2026 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, arbitrary, and violative of the Petitioners fundamental rights under Articles 14
and 21 of the Constitution of India The inaction of Respondent No. 3 (District Collector) in not initiating inquiiy and proceedings under the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024 pursuant to the Petitioners complaint dated 21st April 2026 as illegal emd arbitrary 1.The inaction of Respondent No. 2 (Commissioner of Police) in not registering an FIR and initiating investigation against Respondents 5 to 7 under the Bharatiya Nyaya Sanhita, 2023 and the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024 as illegal 2. Direct Respondent No. 4 (RDO Maintenance Tribunal) to consider and dispose of the Petitioners application dated 21st April 2026 under Section 23 of the Senior Citizens Act, 2007, by way of a reasoned order, within 30
days from the date of receipt of this Honble Courts order, and in doing so Restore peaceful possession of the Schedule Property to the Petitioner Direct Respondents 5 to 7 to render accounts of all rents collected since 2011
and deposit the same with the Tribunal Direct the tenants to pay future rents to the Petitioner 4. Direct Respondent No. 3 (District Collector / Special Court for Land Grabbing) to initiate summary proceedings under Section 6 of the
Andhra Pradesh Land Grabbing (Prohibition) Act, 2024, on the complaint dated 21st April 2026, conduct inquiry, and pass final orders within 45 days from the date of receipt of this Honble Courts order, including Restoration of possession of the Schedule Property to the Petitioner Referral of the matter for criminal prosecution of Respondents 5 to 7 under Sections 4 and 5 of the said Act Recovery of illegally collected rents as arrears of land revenue Direct Respondent No. 2 (Commissioner of Police) to register an FIR against Respondents 5 to 7 under Sections 318, 329, and 61 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024, and to investigate the matter and submit a status report to this Honble Court within 30 days IA NO: 1 OF 2026
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 Respondent No. 2 (Commissioner of Police) to register an FIR
against Respondents 5 to 7 under Sections 318, 329, and 61 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024, and to investigate the matter and submit a status report to this Honble Court within 30 days pending disposal of the above writ petition Counsel for the Petitioner:
1. N RAVI PRASAD
Counsel for the Respondent(S):
1. GP FOR WOMEN DEV CHILD WELFARE
2. GP FOR HOME
3. GP FOR REVENUE
The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.22754 OF 2026
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ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent No.4 (RDO / Presiding Officer, Maintenance Tribunal) in not considering and disposing of the Petitioner’s application dated 21st April 2026 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, arbitrary, and violative of the Petitioners fundamental rights under Articles 14 and 21 of the Constitution of India;
1. The inaction of Respondent No.3 (District Collector) in not initiating inquiry and proceedings under the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024 pursuant to the Petitioner’s complaint dated 21st April 2026 as illegal and arbitrary.
2. The inaction of Respondent No. 2 (Commissioner of Police) in not registering an FIR and initiating investigation against Respondents 5 to 7 under the Bharatiya Nyaya Sanhita, 2023 and the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024 as illegal;
3. Direct Respondent No.4 (RDO / Maintenance Tribunal) to consider and dispose of the Petitioner’s application dated 21st April 2026 under Section 23 of the Senior Citizens Act, 2007, by way of a reasoned order, within 30 days from the date of receipt of this Hon’ble Courts order, and in doing so: Restore peaceful possession of the Schedule Property to the Petitioner; Direct Respondents 5 to 7 to render accounts of all rents collected since 2011 and deposit the same with the Tribunal; Direct the tenants to pay future rents to the Petitioner;
4. Direct Respondent No. 3 (District Collector / Special Court for Land Grabbing) to initiate summary proceedings under Section 6 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 2024, on the complaint dated 21st April 2026, conduct inquiry, and pass final orders within 45 days from the date of receipt of this Honble Courts order, including: Restoration of possession of the Schedule Property to the Petitioner; Referral of the matter for criminal prosecution of Respondents 5 to 7 under Sections 4 and 5 of the said Act; Recovery of illegally collected rents as arrears of land revenue;
5. Direct Respondent No. 2 (Commissioner of Police) to register an FIR against Respondents 5 to 7 under Sections 318, 329, and 61 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Andhra Pradesh Land
Grabbing (Prohibition) Act, 2024, and to investigate the matter and submit a status report to this Honble Court within 30 days
6. and to pass such other order or orders.…”
2. Heard learned counsel for the petitioner and learned counsel for respondents.
3. The short grievance of the petitioner is that the petitioner herein submitted an application dated 21.04.2026, to the 4th respondent-Revenue Divisional Officer, with a request to take appropriate action against respondent Nos.5 to 7. However, the 4th respondent has not taken any action. Hence, the present writ petition has been filed to direct the 4th respondent to take appropriate action on the petitioner’s application.
4. Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) envisages that cognizance of a complaint can be taken only on an application made to the concerned authority or under Section 5(c) of the Act, the Tribunal may take cognizance suo motu.
5. Therefore, without going into merits of the matter, with the consent of both the learned counsel, the present Writ Petition is disposed of at the admission stage, directing the 4th respondent to treat petitioner’s application, as an application under Section 5 of the Act, issue notice to the respondents therein, follow the procedure contemplated under the Act, and dispose of the same, in accordance with law, as expeditiously as possible. There shall be no order as to costs.
As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 12.08.2026
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.22754 of 2026 Date: 12.08.2026
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