THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.28095 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue a Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction of Respondents 3 and 4 in not considering the Petitioners representation dated 29.08.2025, and in failing to provide notice along with a copy of the alleged representation of the Petitioners father dated 19.08.2025, and in not affording a fair opportunity of hearing as illegal arbitrary and violative of the principles of natural justice and further declare the action of Respondent No.5 in calling the Petitioner without notice and threatening to cancel the Sale Deed standing in the name of the Petitioners wife (Document No.4828/2024) as illegal arbitrary and without jurisdiction and consequently direct the Respondents to strictly follow due process of law in dealing with the matter under the Senior Citizens Maintenance and Welfare Act, 2007 and restrain them from taking any coercive steps against the Petitioner or his family...”

2. Heard Sri P.N.Dayakar, learned counsel for the petitioner and Sri M.Yadagiri, learned Assistant Government Pleader for Women and Child Welfare and Senior Citizens Department, for the respondents and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein and his brother Sri Srinivas with their parents formed a Hindu Undivided Family (HUF) and jointly ran family businesses. In the year 1995, the sister of the petitioner Smt. Sri Devi was married to Sri Bairi Satyanarayana, with adequate Stridhanam and a grand wedding from HUF funds. In 2005, his another sister Smt. Sri Vani was married to later Sri Boorla Srinivas, against with adequate Stridhanam and wedding expenses met from HUF funds. Before 1999, the family of the petitioner lived at Vavilala, owning three houses and one rice mill. In 1999, the father of the petitioner started a retail and wholesale grocery business at Jammikunta, in which the petitioner and his brother actively participated as an HUF business. During that time, H.No.1-3-33 and 1-3-3/1 (old No.1-98), an RCC building (G + 2) admeasuring 200 sq.yards at Jammikunta, was purchased jointly in the names of Sri Jakkena Srinivas and Sri Jakkena Chandrasekhar. The property later defaulted to bank loan and was acquired by Sri Bairi Satyanarayana, who is the husband of Smt. Sri Devi. On 02.02.2019, the property was repurchased by Sri Jakkena Laxmaiah (father of the petitioner), petitioner and Sri Srinivas through a registered Sale deed bearing document No.503/2019 for valuable consideration from HUF funds.

4. On 18.06.2023, father and brother of the petitioner and petitioner entered into an agreement of sale with Sri Alla Tirupati Reddy for H.No.1-3-33 and 1-3-33/1 (200 sq.yards) for Rs.1,35,00,000/-; by receiving part advance. Subsequently on 23.12.2024, the petitioner, his father and brother executed a registered sale deed bearing document No.5528/2024 in favour of the said purchaser. After the sale, all the family members of the petitioner, caste elders and panchas sat and mutually agreed to divide Rs.1,35,00,000/- into three equal shares of Rs.45,00,000/- each. However, the father of the petitioner evaded payment of the share of the petitioner, taking advantage of the title standing in his name and purchased the agricultural land. Accordingly, the petitioner expressly reserves his right to establish, recover and enforce his lawful entitlement to the said agricultural land or its equivalent value, through appropriate civil proceedings.

5. Later on, the petitioner issued legal notice on 28.07.2025 to the father of the petitioner demanding payment of his share within 7 days. But the father of the petitioner replied with frivolous, vexatious and concocted allegations and filed representation dated 19.08.2025 misrepresenting himself as a destitute senior