[Cites 1, Cited by 0]
Telangana High Court
K. Ganesh vs Commissioner Cum Appellate Authority on 7 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT APPEAL No. 173 of 2026
DATED : 07.04.2026
Between:
K. Ganesh and another
... Appellants
AND
Commissioner cum Appellate Authority Department
for Empowerment of Persons with Disabilities,
Senior Citizens & Transgender Persons, Malakpet,
Hyderabad, and five others
... Respondents
JUDGMENT:
Sri Ravi Chandra Bejjaram, learned counsel appears for
appellants.
Sri M. Rama Krishna, learned Special Government
Pleader attached to the Office of the learned Additional
Advocate General appears for respondent Nos.2 and 4.
Sri Rapolu Abhinav, learned counsel appears for
Sri Rapolu Bhaskar, learned counsel respondent Nos.5 and 6.
2 HCJ (AKrS, J) & GMM, J
2. Heard learned counsel for the appellants, State and
respondent Nos.5 and 6.
3. When the matter was taken up on 12.02.2026, the
following order was recorded.
"The instant Writ Appeal arises out of Order
dated 06.01.2026, passed by the learned Writ Court in W.P.No.22753 of
2025, wherein challenge was laid to the order dated 22.07.2025, passed
by respondent No.1, in appeal filed by the appellants (parents) under the
provisions of Maintenance and Welfare of Parents and Senior Citizens
Act, 2007.
Learned Writ Court held that respondents No.5 and 6, who are
son and daughter-in-law, having contributed for development of the
subject property cannot be denied right to stay in the said property. The
order of the appellate authority was accordingly modified with a
direction to respondents No.5 and 6 to pay Rs.6,000/- per month to the
appellants (parents) jointly and take care of appellant No.2, who is the
mother and is allegedly bedridden. Learned Writ Court further held that
if respondents No.5 and 6 fail to do so, they have no right to seek
continuation in the subject property.
The subject property appears to be ground + three floors.
While the appellants resided in the ground floor, the first and the second
floors are said to have been vacated and respondents No.5 and 6 are
residing in the third floor.
During the course of arguments, learned counsel for the
appellants submitted that the appellants want the subject property to be
vacated by respondents No.5 and 6 as they are not only indulging in
verbal abuse and torture, but also causing obstruction in the first and
second floors being let out to any tenants. Therefore, appellants have
been constrained to prefer this Writ Appeal.
Learned counsel for respondents No.5 and 6, on being asked,
has sought for time to furnish an undertaking on behalf of the said
respondents that they would not indulge in any activities like the above
3 HCJ (AKrS, J) & GMM, J
for the peaceful stay of the appellants (parents) or for occupation of the
first and second floors of the vacant building by any tenants on being let
out by the appellants.
Let such a statement on affidavit be brought on record by
respondents No.5 and 6 within one week.
The matter be listed on 02.03.2026."
4. Thereafter, respondent Nos.5 and 6 have furnished
separate affidavits-cum-undertakings, paras 2 and 3 of which
read as under:
"2. I submit that, I am hereby undertaking that I wouldn't indulge in any
activities of verbal abuse, torture and also I would not indulge in causing
obstruction in the first and second floors being let out to any tenants.
3. I submit that, I would not indulge in any activities like above for the
peaceful stay of the appellants (parents) or for occupation of the first and
second floors of the vacant building by any tenants on being let out by
the appellants."
5. On the previous date, the matter was adjourned to see
whether the arrangement arrived at pursuant to the undertaking
given by respondent Nos.5 and 6 works out or not. It was
observed that both the parties would exercise restraint in the
meantime.
6. Today, when the matter has been taken up, learned
counsel for the appellants submits that the arrangement is
working out smoothly and the appellant parents are happy with
4 HCJ (AKrS, J) & GMM, J
it. However, the appellants have requested for increase in the
maintenance amount of Rs.6,000/-.
7. Learned counsel for respondent Nos.5 and 6 submits that
respondent No.5 is suffering from epilepsy. Moreover, the first
and second floors are available for being let out by the
appellant parents. Therefore, the amount of maintenance may
not be increased for the present.
8. Learned counsel for the appellants submits that
respondent Nos.5 and 6 have not made payment of
maintenance, as directed by the writ Court @Rs.6,000/- per
month, to both the appellants jointly since January, 2026.
9. Upon hearing the learned counsel for the parties, we are
satisfied that as a result of the endeavour taken by the Court,
the appellant parents and respondent Nos.5 and 6, children, are
living peacefully in the same premises without any
disturbance.
10. Considering the fact that the impugned direction to pay
maintenance @Rs.6,000/- has been issued only on 06.01.2026
5 HCJ (AKrS, J) & GMM, J
by the writ Court, we do not feel persuaded to enhance the
maintenance amount at this stage. However, respondent Nos.5
and 6 undertake to pay the arrears of maintenance by 15th May,
2026, besides paying the monthly maintenance amount by
7th day of the every following month. This maintenance
amount would continue for a period of nine (9) months from
the date of the order dated 06.01.2026 passed by the writ
Court. Thereafter, respondent Nos.5 and 6 should pay the
enhanced maintenance amount of Rs.8,000/- to the appellants.
The relevant bank account details of the appellant parents are
being indicated hereunder.
Name of the Bank : State Bank of India
Name of the Branch : ST. Mary's Road, Sona Arcade,
Secunderabad.
Savings Account No : 30283866121
Account Holder Name : K. Ganesh & K. Manikyakumari
IFSC : SBIN0008779
11. The instant Writ Appeal is disposed of in the aforesaid
manner. Needless to say, on failure to pay regular maintenance
amount as directed by the learned writ Court, it would be open
6 HCJ (AKrS, J) & GMM, J
to the appellants to take recourse to law. There shall be no
order as to costs.
Miscellaneous applications, if any pending, shall stand
closed.
____________________________
APARESH KUMAR SINGH, CJ
_____________________
G.M.MOHIUDDIN, J
7th APRIL, 2026.
kvni
