WP/29071/2025 of Smt. Rasakonda Vasantha, Vs The State of Telangana, on 25 September 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 29071 OF 2025

Between:

1. Smt. Rasakonda Vasantha, W/o. Sri R. Sadanand, Aged about 54 years, Occ.

Housewife, Fl/o. Vijayapuri Colony, Uppal, Medchal-Malkajgiri District.

2. Smt. Bommarapu Vanaja, W/o. Sri B. Maheshwar, Aged about 43 years, Occ.

Housewife, temporarily residing in Hyderabad, permanent resident of Australia.

...PETITIONERS

AND

1. The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, HyderaQad.

2. The District Collector, Medchal-Malkajgiri District.

3. The Revenue Divisional Officer-cum-Sub Divisional .Magistrate, Keesara Division, Medchal-Malkajgiri District.

The Sub-Registrar, Uppal, Medchal-Malkajgiri District.

Sri Jilkapally Laxmaiah, S/o. Late Penataiah, aged about B0 years.

Smt. Jilkapally Yadamma, Wo. J. Laxmaiah,about 75 years.

Respondents 5 and 6 Resident are of H.No.2-12-3018, Annapurna Colony,Uppal, Uppal, Mandal. Medchal Malkajgiri District.Telanana State.

...RESPONDENTS

Petition under Article 226 ol lhe 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 Writ of Mandamus, declaring the impugned proceedings in Proc. No.C1l295l2O25

dated 05.07.2025of the 3rd Respondent R.D.O.-Cum-Sub Divisional Magistrate.

Keesara Division, and consequential cancellation of four Gift/ Settlement Deeds dated 12.09.2025, of petitioners on the basis of 3rd Respondent ProdeedingsNo.C1t295l2O25 dated 05.07.2025by the 4th Respondent Sub- Registrar, Uppal, Medchal-Malkajgiri District, belongs to petitioners Gift Deeds as illegal, arbitrary, without jurisdiction and violative of principles of natural justice.

consequently {iet aside the said proceedings and restore validity of Petitioners'

registered deerls

lA NO: 1 OF 2025

Petition lnder 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 Grant an interirn order suspending the operation of the i.mpugned order in Proc.

No.c1 12951202i dated 05.07.2025 of the 3'd Respondent R.D.o.-cum-sub Divisional l/agistrate, Keesara Division, and consequential Cancellation/Revocation of four Gift/Settlement Deeds dated 12.09.2025, of petitioners on the basis of 3rd Respondent ProdeedingsNo.C1l295l2o25 dated 05.07.2025, by the 4th Respondent sub-Registrar, Uppal, Medchal-Malkajgiri District, belongs to the petitioners and further restraining Respondents 5 and 6 or anyone claimint; under them from alienating or encumbering, dispossessing or interfering in peaceful possession and enjoyment of the petitioners properties till disposal of appeal before the 2nd respondent, which is appellate Tribunal-Cum- Additional Collector(LB)lVedchal Malkajgiri-District. pending disposal of the writ petition.

CounselJor the Petitioners: SRI T. L. NAYAN KUMAR

Counsel for the Respondent Nos. 1to4: AGP FOR REVENUE

Counsel for the Respondent Nos.5&6:--

The Court made the foltowing: ORDER

i i'")

THE HON'BLE SRI JUSTICE K. LAKSHMAN

WRTT

TITION No.2907 1 of 2025

RAL

Fleard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

2.

Petitioners herein are the daughters of respondent No.6.

Respondent No.6 has filed an application before respondent No.3 against the petitioners herein and another daughter seeking maintenance and cancellation of the registered gift settlement deeds bearing document Nos.12544,, 12545, 12546

and 12547 of 2022, all dated 22-08-2022.

3.

Vide order dated 05.07.2025, respondent No.3 has allowed the said application and ordered for cancellation of the aforesaid registered gift settlement - deeds, all dated 22.08.2022. According the petitioners, the said order is an appealable order and they have preferred an appeal with respondent No.2 under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act,2007 (for short, i

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'the Act, 2001'). They have also filed an application in the said appeal seeking stay of all furlher proceedings pursuant to ordr:r dated 05.07.2025. Evcn then, respondent No.2 is not disposing the said appeal and the said stay application.

Aggrieved by the said action of respondent No.2, petitioners filec the present writ petition.

4. Though the petitioners are claiming that they have prefi:rred arl appeal before respondent No.2 Appellate Autl'ority, they have not filed proof of filing of the said appeal befo;'e respondent No.2. However, if responde.nt No.2 received the r;aid appeal, he has to dispose of the said appeal in accordance with the procedure laid down under the Act, 2007.

5. [n the light of the said discussion, notice to respondent No.6 is dispensed with. This Writ Petition is disposed of direc.ing respondent No.2 to dispose of the said appeal challt:nging the order dated 05.07.2025 of respondent No.3

and ;rlso the stay application filed by the petitioners (if received), strictly in accordance with the procedure laid down I

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under the Act, 2007 by putting the petitioners, respondent No.6 and all interested parties on notice and affording them an opportunity. However, he shall complete the entire exerclse within thirty (30) days from the date of receipt of a copy of this order.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

SD/. T.SRINIVASA

TANT

//TRUE COPY/

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To, 1. The

Hyderabad

, Keesara

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The

Division, Medchal-Ma

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Tl^ie Sub-Registrar, U

CC to SRl. T. L.

Medchal-Mal kaioiri District.

A<iiocate IOPUCI

Court for the State of Telangana

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DATED:2510912025

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