ORAL ORDER:

Heard Sri Turaga Sai Surya, Learned Counsel for the Writ Petitioner, Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 4 and Sri S. Sharat Babu, Learned Counsel appearing for the Unofficial Respondent No.5.

2. The Writ Petitioner is a Senior Citizen. She has approached the Respondent No.3 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act). The Respondent No.3 vide Order dated 17.06.2023 (Ex.P.2), had issued certain directions in the Order including the transfer of property in the name of the Petitioner with further directions to the Tahsildar and the Station House Officer to take necessary action for eviction of the Respondents therein. This Order of the Respondent No.3 dated 17.06.2023 (Ex.P.2) was challenged by the Unofficial Respondent No.5 herein and his wife by way of an Appeal No.1 of 2023.

3. At this stage, the Learned Counsel for the Writ Petitioner would contend that the Respondent No.2 namely the District Collector has no jurisdiction to entertain an Appeal inasmuch as the Act does not provide for an Appeal by the relatives or the children against whom a Senior Citizen has filed a Petition before the RDO. He would further submit that the provision of Appeal is only provided for a Senior Citizen or a parent but not the person who declined to provide either maintenance or interfere with the peaceful possession of the property of a Senior Citizen. The provisions of law are clear that there is no provision of Appeal to the children or the relatives of the Senior Citizens who are under illegal occupation of the property of a Senior Citizen of the parent. This Court is unable to countenance as to how the Respondent No.2 has at all entertained the Appeal. This is, despite the fact that the Respondent No.2 namely the District Collector has confirmed the Order passed by the RDO. This Court is of the opinion that the District Collector (Respondent No.2) ought not to have entertained this Appeal at the behest of the Unofficial Respondent No.5 herein or his wife.

4. As the present Writ Petition has been filed by the Senior Citizen namely the mother of the Unofficial Respondent No.5 seeking implementation of the Order of the RDO (Respondent No.3) dated 17.06.2023 (Ex.P.2), this Writ Petition stands allowed.

5. The concerned Tahsildar and the Station House Officer are directed to ensure that the Unofficial Respondent No.5 and his wife are not only evicted from the house but from out of the entire property belonging to the Writ Petitioner herein. This Order shall be carried-out on or before 30.07.2024.

6. With the above observations and directions, this Writ Petition stands allowed. No order as to costs.

7. Interlocutory Applications, if any, stand closed in terms of this order.

______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 26.07.2024 Note: Issue C.C today, B/o, Vns