Andhra Pradesh High Court - Amravati

Sanka Chandra Sekhara Rao, vs The State Of Andhra Pradesh on 29 November, 2023

iN THE HIGH COURT OF ANOHRA PRADESH AT AMARAVAT!
(SPECIAL ORIGINAL JURISDICTION}
WEONESDAY, THE TWENTY NINETH DAY OF NOVEMBER,
TWO THER US AND ANG TWENTY THREE
'PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30858 OF 2003

Between:
Sanka Chandra Sekhara Rao, Sfo Madhu Sudhana Rao, Aga-52 yrs, Rfva DO No. 16.
24-3215, MK. Street, Sall Peta , Penal, Guntur Distriet.
... Pativoner
AND
1. The State of Andhra Pradesh . Rep. by is Paneipal Secretary, Department of
Wamen Development and Child Welfare, Secretariat, Vel lagapudi, At
Am wine ms 'Atur ae fel
4, The Distr lector, Guntur Cistric
3. The Sub- Col ec ctor, Tena "CUTE Presi di ing Officer, Maintenance Tribunal for
Parents and Senior Citizens, Tenal, Guntur Disiveh
Sanka fongaramnma, VWs Late Machu Sudhana Raa, Aged - 73 year

Presently residing AiO No y- ~&-78C1" Floor}, Naflamekala Van Pt veat

gd

Gangananina Peta, Tenali, Guntur District

dn

». Respondents

Petition under Arica eee of the Constitution of India praying that in the
croumsiances stated in the affidavit Hi Hed herewith, the High Court rm ay be sleasead
O.4S8u8 BN appropriate writ, e orter oF Section, more particularly one in fhe natu
Wit of Certicorari calling tor the records periains to the arders of the 3° respondent
in Ro No WWP4 2000-8 dated | 30 nt 2003 nm ordering to Rand over possession of 4 e
House Property where the pelitioner is residing, fo the 4th: Pespandent herein withou
cansigeri: ing the fact that the sarne is sublect m atter of Suit for deci arauon and
AD} peal arising out of the said Suit send) Ag before this Honb! fa Gourt in A.S.No [894
of 2047 were 8 the 4th respondent is also one of the defendants and f pendency of
another Sulf in O.S.No.d4 of 2023 v Which is penaing on the file of x! Adgiional
oistfic jad ge. renal, as tlegal, arbitrary, excessive exercise of jurisdiction vested

imder the Maintenance and Welfare of Parente and Senior Citizens Act, 2007 and te
conseque ny to set aside the same, in the interest of fuses.

7
D

IA NG: 1 OF 2038 .

Patifion under Section 157 CPC praying that in the circumstances stated in
ihe affidavit fled In Support of the petiticn, the High Court may De Nieased fo grant
interim stay of all further proceedings pursuant fo the orders of the Be respondent ee
RONG I824/2025-4 dated dQ taode 3, during the pendency of this writ petition, in the
interest of justice, Pencdi ing disposal of WE 30858 of 2023, an the file of the High
Court

The pelt ION camming ar for hea: Wing, "pc perusing the Pettion and the
aligavit fled in support thereof and upon Aeanng the argume amis of Sri K Jyothi
Prasad, Advocate for the Pett Boner, GP far Women Gey Ohi Welfare for the
Responde ant No.t, GP for Revenue for the re espandent Nos.2 R 3 and of Sri Saran

e

Pan Teja, Advocate far the respondent No.4, the Court made the following

ie


ORDER:

"Heard learned counsel! for the petitioner, learned Government Fegder

for Women Development and Child Welfare and Sri Saranu Phani Tele, learned counsel appearing for the 4° respondent.

Learned counsel for the petitioner submits that the pathioner is in possession and enjoyment of Hie subject property anc the unofficial raspondentd' respondent is not residing at the aubject praperty. He further submits that the 4 respondent is the pensioner, who is receiving Re 25.0004 towards pension every month and she has bean maintaining by the petitianer in ai respects. He further submits that the impugned order dated 30.40.2023 issued by the 3¢ respondent ia without jurisdicden and contrary to the provisions af the Maintenance and Welfare of Parents and Seniar Ciizens Act, 2007. Since, the subject propery was not tranaferred by the unofficial respondent in favour of the ostifiener atther by way of gift or any other valic deed. Whereas, the petitioner acquired right of pasaessian through an Agreament of Sale from the third party, who acquired the subject property

through ragistered sale dead aut of ANIC suction conducted Oy the bank.

Therefore, the possessian of the petitioner is net in pursuance of any dead executed by the 4° respondent hersin. So the transactions and circumstances would not come under the purview of Section 23 of Maintenance and Welfare of Parents anc Senior Ciivens Act, 2007. As such, thea 3 respondent has ne jurisdiction fo order for eviction of the pelilioner from the subject oroperty,

Therefera, the mpunged order dated 240.9083 ic withoul jurisdiction and is Bable to be suspended.

On the other hand, learned counsel for the 4% respondent submis that the €<° respondent is the absolute Owner and possessor of the subject Praperly and aise admitted that the subject property was airsady alienated ia favour af the third party La, one Sri Nalle Rama Rao by fhe bank and alge admitted that the sublect Sroperly was morigaged by the ¢ respandant herein, which wae alienated In favaur of the third party.

in view of the alienation by the Bank affer compliance of the procedure as contemplated for such alensation by the bank, Sri Naiis Rama Rao, became

the absolute owner of the subject Property, While so, the 4 reanonsdent herein

has entered an oral agreement of safe with Sri Nalla Rama Rac, for r2- RCQUISHION af the property,

Learned counsel for the 4" respondent aiso rallied upan the judgment rendered by the Hon'hfe High Court of Kamataka reported in AL Sunitha {Miolyasri) " Shashikais Mugadura and Ors. (WE Ne d4708e of £030, dated éG.07. 2020. He further relied on the judgment rendered by the Hon'hle High Court af Rajasthan {Jaipur Bench} reported is Maya Davi and Ors. ¥ Vishweshwar Oayal and Ors. (V.S.Civl Wr Petivan Nos. T1897 of 2077 anc datch, dated O7.08.2023)

in view of the ratio iaid down by the Hon'ble High Court of Rajasthan and Hon'ble High Court of Karnateka, the Dresent writ petition iS Mot mainiginable since the petitioner ia avaliable with Satutory alternative femedy of Anpest under Section 18 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007,

Therefore, the Present weil petition is Hable to be dismissed in lermini,

For better understanding Section 16 of the Maintenance and Welfare af Parents and Senior Giizens Act, 2007 is extracted hereunder:

"$8. Anpeals.- (3) Any senior citizen OF @ parent, ag the case may Sa, aggrieved by an order ofa Tribunaf may, within siety Ways from thre cate of ie order, orefer an Hapeal to the Apnpellale Trikuna?:

Provided that on aopea!, fe children ar reigtve who is required to pay ay amount in terms of such maintenance order shaff continue to pay to Such parent the aHOUNE SO Ordered, in the MaMIEr directed by the Appetite Tribunal:

Provided further that the Appellate Tribunal may entertain fhe apoeas afer the aepiry of the said Period of sixty ofy ¥S, JP fis satisfied that the BANeCHIN Was Srevented Oy suifelent cause fram Preferring the appeal! in time?

AS such, thers is no SXPISSs opportunity fo the PErSans other than the parents or senlar cNizene and they were provided with Slatutory allernative remedy of Appeal in view af the ratio laid down by the Hon'ble High Court of Karnataka and Rajasthan. But, reading of Section 18 and 16 of the said Act fogether, explains day ether than the PATSsS, senior cHivens alsa are provided WHA statutory alernative remedy by way of Appeal before the appeiiate

AAA ASIA Awe

tribunal. Admittedly, Section 16 is not pravided for others other than parents and senior citizens,

in view of the sald circurnstances, to ascertain the fact that who ere in passession of the subject property, in reference to the impugned arder dated 30.16.2028 passad by the 3° reapendent herein, this Court fe Inclined to appoint an Advocate Cormmigsioner.

As such, MrQ.Qmkar, an Advocafe is appoinied as an advorate sommissioner. The Advacate Commissioner shall visi the subjaot house property and determine the passassion of the petitioner and the 4° respondent at the subject house property, with reference fo documents of Nas Connection! Electricity Connection and other documents, ff any, produced by the petitioner! @" respondent. It is also directed that the petitioner as well as the respondents, more particularly, respondent No. shall cooperate for the inapection and far preparation of he repert.

Patiioner is directed to pay an amount of Rs.30,000/. as professional fee fo the adivecata commissioner and also the other axpenses for travelling or fo make errangement for such travelling shoud be borne by the petitioner,

After physical verification of the subject property and issuing natices to the parties concerned, determine the Issue of passeasion of the parties. The Advocate Commissioner shall submit a detailed report within & period of three {03} weeks fram the date of receipt of a capy of this order.

Liet the matier on 20.12.2029 for further adjudication.

Til then, S¥efus Quo obtaining as on foday shall be maintaimed by all ine parties in afl rasperts.

Ragistry is directed fo issue a copy of this order ta the Advocate

Camissionear °

Sd-TATA RAO DEPUTY REGISTRAR

SECTION OFFICER

Te,

§. The Registrar Gudicial}, High Court of Andhra Pradeah, Amaravatl

2. The Principal Secretary, State c fnra Fracesh, Denarimant of Wi amen Davelaoment and Chill Welfare, Secretanat Velagapudi, At Amaravat Ph anvhis OY gountur OF

3. The Distriet Colle actor, Guntur (istrict

4. The Sub-Coile ecter, Terall-cum-Presici ing Officer, Maintenance Tribunal for Parents and Sen vor CHizerns Tena, Guntur Dists eh

& Sanka Ssngaramme. Wie Late Madhu Sudhana Rae, Aged - 73 years.

Prasently resid! ing ALONG? i-8-T81™ Floor), Nallamekala Var Street, Ganganai mma Feta, Tenal, Guntur District . {Addresses nos? to § by RPAD

8. One ee to Sa K Jyothi Prasad, Advocate fi ROPUCI

?. Two OCs fo GP for ¥Yomen Deve! apment and Child Welfare. High Court of Andhra Practesh. FOUT]

8. Two OCs fo GP for Revenue, High Court of Andhra Pradesh. fOUT}

3. Gne OC to Sri Saranu Pant Teja, Standing Counse el {OPUC)

10 One 0 te Sri Oc Omkay, Advocate 5 commissioner, High Court of Andhra Pradesh { BY SPECIAL MESSENGER. along with copy of petition & petilion and all material papers}

TT One spare Sapy.

OES

LIST THE MATTER ON 26.42, 2029 SOR FURTHER ADJUDICATION,

HIGH COURT DATED: 29/14/9099

NYJ ORDER

AA,

Boas)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (SPECIAL ORIGINAL JURISDICTION} WEDNESDAY, THE TWENTY NINETH DAY OF NOVEMBER TWO TE IOUSAND AND WENT Y THREE PRESENT:

THE HONQURABLE SRI JUSTICE VENKATESWARLU NIMNMAGADOA WRIT PETITION NC: 30858 OF 2023

Haetween:

Sanka Chandra Sekhare Ran, Sie Madhu Sudhang Rac, Age-52 yrs, Rio D.No. 16-34. 32iS, NUK. Street, Sali Peta, Tenali, Guntur District Petitioner AND

1. The State of Andhra Pradesh, Ren, by iis Principal Secretary, Department of Wemen Devel pment and Child Welfare, Secretarial, Velagapucl, At Armaravad Guntur Distric The Clstrict Colt actor, Guntur (Xstrict, The Sub-Callector, Tenali-cum-Presiei ing Officer, Maintenance Tribunal for Parents and Senior Citizens, Tenall, Guntur [istrict

4. Sanka Bangaramma, Wo Late Madhu Suchans Rao, Aaee » 73 years. Presently residing At D No F-8- 48C *" Floor}, Naflarnekaia Van Sire i, Ganganamma Peta, Tenall, Guntur Oietdet

A Dg

. Respondents

Whereas petition under Article 226 of the Constitution af india praying that in the croumsiances staied in the affidayid fied therewith, the High Court may be pleased to ISSUE AN appropri iate writ, order or direction, more particuiarly one in the | nplure of Wnt of Cerlorgri calling vor ike fenords pertaine fo the orders of they respondent j ny Ro.No{824/2082-8 dated 30/40/21 O¢3 in ardering to hand over possession of the House Property where the oetifioner is resi ding, fo the 4th respondent herein without considering ihe fact that the same is subiect matter af sul for declaration and Appeal arising cut of fhe said Suit pending before this Honble Court in A.S.NoJ2@1 of oa wherein the 4h) respondent 8 aiso ane of the defandanis and pendency of another 8 in O.S.No. 74 of S025 which is pending an the fie 2 of XP Additional District Judge, Tent as Hiegal, arbitrary, OXCaSsive exercise Gf jurisdiction vested under the Maintenance and Wellare of Parents and Senio Citizens Act 2007 and to consequently to set aside the same, in ihe interes! of justice.

And Whereas the court UPON perusing ine Re eition and the affidavii Hed in Suppod thereof and upon hearing the ar vane af Sa K Jyothi Prasad, Advocate fe & the Pelitioner, GP for Wornen Dey Child Welfare for the Respandent Not, GP for Revenue for the respondent Nos.2 & 3 and of Sri Sarany Pani te ia, Advenate or me respondent Nod, to ascertain the fact thal who are in possession of the suble

roperty, in reference ta the impugned order dated SO40.2023 passed by the 3 r sSpondent herein, appeinted Sri D.Gmkar, learned counse a8 an Advacate Commissioner ta visit the subject house properly and determine fhe possessian of the petitioner amd the 4° ; faspangient al the subject house property, with reference to

fa a

wo Om wes yee | Te ore mee ig RD pA $s me . the ; sett fees : , & eee ee & oy ® ® on a a4 1% % 1 ME OY gts od ey TS i ae : ge ee "ee "ym, te oe Dw mt Ce en, eee oe "bes ron fet hoe Ben FS o , Sie th we (OS z cae we Oe & 5 fe bed we pn,

- wyus m gs - & a Os ey fete. se # OG Oo & OO os mee et & oe Gy mi i oe og feo fb a We KA ite ee a Ch BO te ES aan oo .

wy oe A ky Br TA Ee ee Saw ig ne gy ie Ey es pe le. Aare non et 4, Y fn wd "en ~ ES eS ef oy Os tel: ca 5 ep ae wm t3 choot Se ns Mag OS gs é m ar O35 ae sy DB Ox i Fe BeOS F o 8 OO "23 Be im, pot . efdae. » mee g a2) 6 mo eR 3 Oo Ev ga Se he ae @ Es BS on, a Oy 3, % Be ge oy TE i, ON i %% a t ies i we LG ey % tS 4g is om py ZS "ts @ a oe wa 8 ES wg fd ad £85 Son, x ee fy 2.

9 oS BS bese vm OG SS [+]

- 7 aoa es oh. Ss i a ae fm 6 yim i Re os ee 53 a he we 3 en gi oe Shee au Le C4 ay kee on Sy oy io we cal Ke pene MD Se sheds 'oe LE oy oe Hd A Be Bh "son. gee "

by bene ad Biot yr en whan tory ah ot" : a4 ae iS3 oy Sot te i % sheet fe, wee pad Wap ete OS Bo C3 * deve Vere oy eae SS wt A te ay ue Hos Ba ge a 48 ky cd ud ge % "a 3 a "he og oe Tan see? me Se a te Pa) "em x i 0% Sites 2 he we OY " tA tec "4 mo yn wo 3 Bo, BB we £4 03 oh, 4 fi, £4 a ise 7% fad YN OS i SL % ; ; " BE @ BS @ i 2. $3 ~ & us KE ft 95 Sp et fen Ey Go te Pomeree Pans "A Ba eS ae hae 1s "a So Ger Oe te ae fab ee wm se whee ts & be a oa TN ote a:

wn, eo EB EE ee ES ch oe a Wy ced ed ie te te te By pee Z % wee On Eo im mo rose Sad tore 0 pas $8 Gs 33 £2 GE EG & a Eo fm UR he ied oo 2 rr ow nae a a % et aay 2 Whe. oy tm te te a Aer wy qe ue Sap ME Gy Gy ge 3 % Ch PS eee ift we we Se Ge th Be 3 ae Ee ey ge 6S Ob GE bed 3 v7 sn CPF Boe mm fo OS Day i ae oy 0D Ke con oe we pore a Ok 'pot hee EE bee tee Be isa oo Cy YS Soe a U3 os ee gy Maree ry PY & 4 3 @ 3 en m . ode gee ped N "hoy OB wen ay

respondent No.4 are dis

& aS stands pasted for has

'i aed wn Ht HR h toed oe LL o BESS B Bex ee ge 66 h ge gt * band te He Tope 3 ey a7 2S % 8 aw rea Pi eee ed & 8s a a 8 DB ow a N & Ee GS" 27 26" SRE as ye BYE wm & ie CS " <, $2, be oe ET g a ke th By % > D0 Uo ee 2 toe GB, ape fe Om + - ee KO ES ay S 4 ra oa See Bom = § SE¢egG SS 88m ae 4 ome BR we tg, SS og FOE om » € Ba" geaG BEB BEB. BER » £& Hew kee See BOB w BS s re BO ee Ot ye ye Ge ee Coane ae we tS BEE GO = & we go oe B op ae oe Be oy & e ae S % oa % me i, BE aR BE BONS mee fn at Bow mo ae Oo 2 eH mw fon a 42 be EE LO on, oh. 2 B 25

Ans

$ wt

o ¥

yu

Cour

Fal ght ve

Nh

ef, Hig

material papers}

Ta,

i i p + Eo

HIGH COURT

NVA

mr oa

fPU2083

DATED: