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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA
Alluri Madhusudhana Venkata Chalapathi Raju S/o Dr. Krishnam Raju – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner entitled to appeal as senior citizen. (Para 1 , 3 , 4) |
| 2. court mandates timely resolution of appeal. (Para 2 , 7) |
| 3. interpretation of section 16 concerning appeal eligibility. (Para 5 , 6) |
| 4. writ petition disposed with directions. (Para 8) |
ORDER :
1. This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ or order or direction more particularly in the nature of a Writ of MANDAMUS declaring the action of the 2nd respondent in keep it pending neither numbered nor returned the statutory appeal filed by the Petitioner u/s 16 of the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT , 2007 is illegal, arbitrary, unjust and violative of Principles of Natural Justice and Article 14, 21 and 300-A of the Constitution of India and consequently directing the 2nd respondent to entertain the statutory appeal filed by the Petitioner as per procedure established under Law and pass other order or orders...”
2. Heard learned counsel for the petitioner, learned Government Pleader for the respondent Nos.1 to 3 and learned counsel for respondent No.4.
3. Learned counsel for the petitioner submits
The appellate authority must dispose of appeals filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within 30 days, providing parties an opportunity to be heard.
Petitioners in maintenance disputes under the Act lack appeal rights contrary to common law; tribunals must consider all objections.
The right of appeal is a creature of a statute, and no right of appeal inheres in any person unless expressly conferred by the statute.
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