APHC010141482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7583/2026 Between:

1. K ONDAVEETI ANURADHA, D/O. N. VARALAKSHMI, W/O.

KONDAVEETI VENKATA RAMAYYA, AGED ABOUT 57 YEARS, R/O. VIPPARLA VILLAGE, KROSURU MANDAL, PALNADU DISTRICT -

522 410 ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., - 522 238

2. T HE REVENUE DIVISIONAL OFFICER, - CUM - SUB DIVISIONAL MAGISTRATE, MAINTENANCE TRIBUNAL FOR PARENTS AND SENIOR CITIZENS, GUNTUR - 522 004

3. T HE TAHSILDAR, GUNTUR WEST MANDAL, GUNTUR DISTRICT -

522 001

4. T HE TAHSILDAR, THULLUR MANDAL, GUNTUR DISTRICT - 522 237 5. N UTHALAPATI VARALAKSHMI, W/O. KRISHNARJUNA RAO, AGED ABOUT 81 YEARS, R/O. RAMA HEIGHTS, FLAT NO 504, TARAKA RAMA NAGAR, JKC COLLEGE ROAD, GUNTUR CITY, GUNTUR DISTRICT - 522 006 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari, calling for the records relating to Order of the 2nd Respondent in OP 1273 / 2025 dt. 04.12.2025, whereby ordered to pay an amount of Rs. 25,000/- per month to the Petitioner therein by the Respondent therein by exceeding the statutory limits as contemplated under the Maintenance and Welfare of Parents and Senior Citizens Act - 2007 as illegal, arbitrary, and excessive exercise of jurisdiction besides violation of principles of natural justice and to consequently set - aside the same in the interest of justice and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of Order dt; 04.12.2025 in OP 1273 / 2025 passed by the 2nd Respondent and to pass such other order or orders this Hon’ble Court may deem fit and proper in the interest of justice Counsel for the Petitioner:

1. MSVS SUDHA RANI Counsel for the Respondent(S):

1. GP FOR WOMEN DEV CHILD WELFARE

2. GP FOR REVENUE The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7583/2026 ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“ to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to Order of the 2^nd Respondent in OP 1273/2025 dt.04.12.2025 whereby ordered to pay an amount of Rs.25,000/- per month to the Petitioner therein by the Respondent therein by exceeding the statutory limits as contemplated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as illegal, arbitrary and excessive exercise of jurisdiction besides violation of principles of natural justice and to consequently set aside the same in the interest of justice and to pass such other order or orders….”

2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

3. The case of the petitioner herein is that the respondent No.2 herein passed an order dated 04.12.2025 in O.P.No.1273 of 2025, directing the petitioner herein to pay an amount of Rs.25,000/- per month to her mother/ respondent No.5 towards maintenance, who filed OP before the respondent No.3.

4. Learned counsel for the petitioner submits that Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “Act 56 of 2007”) contemplates that the amount of maintenance can be awarded for the welfare of a senior citizen/parent shall not exceed Rs.10,000/-. Whereas, contrary to Sect