IMPORTANT POINT
The court emphasized the need for strict compliance with procedural requirements in eviction applications by senior citizens to ensure their protection from harassment.

ORDER :

K. Lakshman, J.

The present writ petition is filed seeking a direction to quash the order dated 07.03.2024 passed by Respondent No. 2 in Case No. A2151/2024.

2. Heard Sri Vedula Srinivas, learned Senior Counsel representing Smt. Vedula Chitralekha, learned counsel for the petitioner, Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 2, Sri Sunil B. Ganu, learned Senior Counsel representing Smt. G. Rama Manoja, learned counsel appearing for respondent No.3 and Sri V.Venkata Ramana, learned Senior Counsel representing Sri C.Kumar, learned counsel appearing for respondent No.4.

3. The present case deals with an unfortunate dispute between a son and his mother. The subject matter of the dispute is the dwelling house bearing Plot No. 1088, H. No. 8-2-293/82/A/1088, Road No. 55, Jubilee Hills, Hyderabad – 500033 [hereinafter ‘subject house’].

4. The Petitioner is the third son of late Purushotham Das Agarwal and Susheela Agarwal (Respondent No. 3 herein). Respondent No. 4 herein is the elder brother of the Petitioner.

5. Respondent No. 3 herein, who is the mother of the Petitioner had filed an application dated 29.01.2024 under the Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 [hereinafter ‘Rules, 2011’] before the District Collector (Respondent No. 2 herein) seeking to evict the Petitioner from the subject house.

6. Respondent No. 3’s application before Respondent No. 2 to evict the Petitioner:-

i. She contended that the subject house was purchased by herself and out of her own funds vide registered sale deed dated 05.11.1988. She also stated that all her three (03) sons, including the Petitioner stayed in the subject house. However, the Petitioner herein started pressurizing her to transfer the entire subject house in his name.

ii. Caving into the Petitioner son’s pressure, Respondent No. 3 executed a registered Will Deed dated 16.08.2022 dividing the subject house in three equal parts in favour of all her three sons.

iii. Respondent No. 3, in her application before Respondent No. 2, stated that despite receiving 1/3rd share in the subject house, the Petitioner continued to harass her. Due to the continuous harassment, Respondent No. 3 developed severe health issues and was hospitalized multiple times. Miffed by the Petitioner’s attitude and harassment, Respondent No. 3 cancelled the Will Deed vide a Cancellation Deed dated 09.12.2022.

iv. Thereafter, on the same day of cancellation of the Will Deed, the Respondent No.3 executed a Gift Deed dated 09.12.2022 in favour of her eldest son – Respondent No. 4 herein. Enraged by the gift in his elder brother’s favour, the Petitioner continued to harass his mother – Respondent No. 3.

v. Unable to bear his harassment, Respondent No. 3 filed a criminal complaint on 16.12.2022. Thereafter, another criminal complaint dated 23.12.2022 was filed wherein Respondent No. 3 alleged that the Petitioner threatened to kill her and other members of the family. FIR No. 767/2022 was registered under Sections 506 and 509 of the Indian Penal Code.

vi. Refusing to vacate the subject house, the Petitioner filed a suit bearing O.S. No. 5420/2022 seeking permanent injunction against Respondent No. 3. However, the said suit was withdrawn. Later, the Petitioner filed another suit bearing O.S. No. 124/2023 seeking partition of the subject house.

vii. Averring the above facts, alleging that she is being constantly harassed and threatened, Respondent No. 3 filed an application before Respondent No. 2 seeking his eviction under the Rules, 2011.

7. Proceedings before the Respondent No. 2/District Collector:-

i. After receiving Respondent No. 3’s application, Respondent No. 2 issued a show cause notice dated 10.02.2024 calling upon the Petitioner to attend the hearing on 16.02.2024. It is relevant to note that no reasons or facts were stated, basis which the show cause notice was issued.

ii. The Petitioner replied to above show cause not