Shaik Shehanaz vs The State Of Andhra Pradesh
2023 Latest Caselaw 5170 AP

          HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.No.27995 of 2023
                 PROCEEDING SHEET
Sl.                                                                          OFFICE
      DATE                               ORDER
No.                                                                          NOTE.
01 20-10-2022   RC,J
                             W.P.No.27995 of 2023
                       Notice before admission.
                       Learned Government Pleader for social
                Welfare takes notice for respondent No.1.

Learned Government Pleader for Revenue takes notice for respondent Nos.2 to 4.

The learned counsel for the petitioner is permitted to take out personal notice on respondent No.5 by registered post with acknowledgment due and file proof of service in the Registry.

For instructions, post on 17.11.2023.

_____ RC,J I.A.No.1 of 2023

Sri M.Rajeev Kumar, learned counsel for the petitioner, in elaboration would contend that without any jurisdiction, the 3rd respondent has entertained the grievance of the 5th respondent and passed the impugned orders under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ordering the petitioner to vacate the property. In support of his contention, the learned counsel for the petitioner, relied on the decision in M.P.Tej Babu v. State of Telangana reported in 2016 SCC OnLine HYD 79.

In the said circumstances, if the order impugned is allowed to continue, the petitioner will be put to great and irreparable loss and hardship.

Taking into consideration the submissions made by the learned counsel for the petitioner and the judgment referred to supra, a prima facie point is made out to be decided in this Writ Petition. In the meantime, if the petitioner is evicted from the schedule property by virtue of the impugned notice, the purpose of filing this writ petition would become infructuous.

In view of the above, this Court is inclined to grant the following interim orders:

"there shall be stay of all further proceedings pursuant to the impugned notice issued by the respondent No.3 in Rc.A2/1191/2023, dated 10.10.2023 until further orders."

_____ RC,J

RR