Andhra Pradesh High Court
WP/36295/2025 of Smt. GADE BHAVANI Vs THE STATE OF AP on 5 January 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36295/2025 Between: 1. SMT. GADE BHAVANI, W/O LATE VENKATA REDDY, AGE 55 YEARS,
APHC010695352025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE SIXTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 36295/2025
Between:
1. SMT. GADE BHAVANI, W/O LATE VENKATA REDDY, AGE 55 YEARS, RESIDENT OF D. NO. 2-22-120/3/1, 0PP. HUDA PARK KUKUTPALLY, HYDERABAD. PRESENT RESIDING AT D. NO. 18-12-5, KAZA
VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL
WELFARE DEPARTMENT,VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT
3. THE SUB COLLECTOR CUM SUBDIVISIONAL MAGISTRATE, TENALI
AP 522201
4. SRI VEERABHADRA SAMBI REDDY, S/O LATE RAMAKOTI REDDY, AGE 75 YEARS. RESIDENT OF 1-103, RAMACHANDRAPURAM
VILLAGE, GUNTUR DISTRICT. PRESENT RESIDING AT NCC
SQUARE APARTMENTS, GUNTUR. A.P 522305
...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 topleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned notice Rc. No. 1380/2025-A, dt. 27.11.2025, under Section 5 and 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which is irregular, arbitrary, against the principles of natural justice and violation of Articles 14, 19 and 21 of the Constitution of India and
consequently, to direct the 3rd respondent not to take any coercive, till completion of enquiry proceedings and pass IA NO: 1 OF 2025
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 Plased to direct the 3rd respondent not to take any coercive step against me till pending disposal of the writ petition and pass IA NO: 2 OF 2025
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 Plased to direct the 3rd respondent stay all further proceedings impugned notice Rc. No. 1380/2025-A, dt. 27.11.2025 till pending disposal of the writ petition and pass Counsel for the Petitioner:
1. B V KRISHNA REDDY
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR SOCIAL WELFARE
The Court made the following:
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ORDER:
Heard Sri B.V.Krishna Reddy, learned counsel for the petitioner and learned Government Pleader for Social Welfare.
2. The grievance of the petitioner in the instant writ petition is against the action of the 3rd respondent in issuing notice dated 27.11.2025, under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
3. When the matter is taken up for consideration, the Government Pleader for Social Welfare has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that pursuant to the application filed by the petitioner’s father under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the impugned notice has been issued for hearing and subsequently, another notice was issued fixing the hearing on 03.01.2026. It is further stated that the parties have attended for hearing. Presently, the case now stands posted to 03.01.2026.
4. It is further stated that the matter is under enquiry and no orders yet been passed and no coercive action has been taken against the petitioner till date.
5. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition observing that the proceedings of the 3rd respondent, pursuant to the application filed by the unofficial respondent No.4 under Sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be construed as without jurisdiction. However, the 3rd respondent before passing any orders on the application of the 4th respondent, shall give due opportunity to the petitioner in accordance with law.
6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 06.01.2026 ANI
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO:36295 of 2025 Dated: 06.01.2026
ANI