IMPORTANT POINT
The eviction of children from a senior citizen's property must follow the summary procedure outlined in the Telangana State Maintenance and Welfare of Parents and Senior Citizens Rules, ensuring compliance with natural justice principles.

ORDER:

K. Lakshman, J.

Heard Sri Syed Waheed Ali, learned counsel appearing for the petitioners, Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4, Sri Subramanyam Kurella, learned counsel appearing for respondent No.5 and Sri Jarupulu Ramu, learned counsel appearing for respondent Nos.6 to 8. Perused the record.

2. Perusal of the record would reveal that respondent No.5 is the mother and respondent Nos.6 to 8 are sisters of the petitioners. Respondent No.5 filed an application before respondent No.4 against the petitioners and respondent Nos.6 to 8 seeking certain reliefs. Respondent No.4 issued notice, dated 20.12.2023 directing the petitioners to appear on 30.12.2023. According to learned counsel, petitioners appeared before respondent No.4 and sought time to file counter/reply. Thereafter, they have not received any notice from respondent No.4. In the meanwhile, they have received an application No.A/1957/2023 dated 02.12.2023 from respondent No.2, wherein, respondent No.2 directed the petitioners to appear before him on 22.12.2023. Petitioners appeared before respondent No.2 and sought time to file counter. Without affording any opportunity, respondent No.2 passed impugned order, dated 01.03.2024 directing the petitioners not to interfere in rental matters pertaining to the subject property bearing H.No.32-143/B, Plot No.10, Shapurnaga, IDA Jeedimetla, Near SV Model High School, Quthbullapur, Medchal Districts, belongs to respondent No.5. They have further directed to deposit the rent amount for the month of October 2023 in respondent No.5 bank account. Respondent Nos.6 to 8 are further directed to coordinate with all the tenants residing in the said property to deposit the rent amount in the bank account of respondent No.5. For want of maintenance, respondent No.5 is suggested to file a maintenance application with the jurisdictional R.D.O. (Revenue Divisional Officer). Challenging the said order, petitioners filed the present writ petition.

3. In the light of the same, it is apt to note that the object behind the Act, and the Telangana State Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 and amended Rules 2022 (for short, ‘the Rules’) made thereunder is to protect the senior citizens and their dignity to live in their own house from their own children. The procedure to file and decide an application seeking eviction by a senior citizen was added vide G.O. Ms. No. 40 dated 30.12.2022. Rule 21(3) was added and the same is extracted below:

(3) Procedure for eviction from property of Senior Citizen/Parents:

(a) (i) A senior citizen/parent, may make an application before the Collector & District Magistrate of his/her district, for eviction of his/her children/legal heir from his/her property on account of his/her non- maintenance and/or ill-treatment.

(ii) The Collector & District Magistrate shall immediately forward such application to the concerned Sub-Divisional Magistrate/Revenue Divisional Officer for verification of the title of the property and facts of the case within fifteen (15) days from the date of receipt of such application.

(iii) The Sub-Divisional Magistrate/Revenue Divisional Officer shall immediately submit his/her report to the Collector & District Magistrate for final orders within sixty (60) days from the date of receipt of the application.

(iv) The Collector & District Magistrate during summary proceedings for the protection of senior citizens/parents shall consider all the relevant provisions of the Act. If the Collector & District Magistrate is of the opinion that any children/ legal heir of a senior citizen /parent is not maintaining the senior citizen/parent and/or ill-treating him/her/them and yet is occupying the property of the senior citizen/parent and that they should be evicted, the Collector & District Magistrate shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause as t