IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.13981 OF 2025 DATED : _06.01.2026 Between:

Kasoju Uday ... Petitioner AND The State of Telangana rep. by its Secretary, Department for Women, Children, Disabled And Senior Citizens, Hyderabad and others ... Respondents

O R D E R

This Writ Petition is filed challenging the order dt.07.03.2025 issued by respondent No.2 in Appeal No.AT/026/2024 as illegal, improper, unjust and arbitrary and consequently to set aside the same and to pass such other order or orders.

2. Brief facts of the case are that the petitioner is the grandson of respondent No.4 and respondents 5, 7 and 8 are the daughters and respondent No.6 is the son-in-law of respondent No.4. The petitioner is the son of respondents 5 and 6. Respondent No.4 is a senior citizen and he filed an application before respondent No.3 under Rule 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 against the petitioner herein and his other children and son-in-law, i.e., respondents 5 to 8 for cancellation of the gift deed executed in favour of the petitioner herein. He stated that respondent No.4 herein in the O.P. filed before respondent No.3 stated that he owned Ac.4.00 of agricultural land in Survey No.406 of Aepoor Village of Chityal Mandal, Nalgonda District and he has gifted an extent of Ac.1.00 to each of his daughters and sold Ac.1.00 of land to the petitioner herein and executed a registered sale deed bearing Document No.1293 of 2023 dt.16.10.2023 in his favour and it is stated that the petitioner had promised to maintain respondent No.4, but since respondent No.4 was not being maintained by the petitioner herein, he has filed the application under Rule 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 for cancellation of the registered gift deed. Respondent No.3 has passed an order dt.05.09.2024 directing respondent No.9 herein to cancel the registered sale deed No.1293 of 2023 dt.16.10.2023 and to enter the name of respondent No.4 as pattedar in the revenue records. Against the said order, the petitioner preferred an appeal before respondent No.2 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) and the same was dismissed vide order dt.07.03.2025. Challenging the same, the present Writ Petition is filed.

3. Learned counsel for the petitioner submitted that the petitioner is the grandson of respondent No.4 and is therefore a class II heir and he has no obligation to maintain his grandfather. It is submitted that though the grandfather has gifted Ac.1.00 of land to each of his daughters, he is not claiming maintenance from them and has filed the subject application against the petitioner herein unnecessarily only to harass him. He has drawn the attention of this Court to the registered sale deed bearing Document No.1293/2023 dt.16.10.2023, wherein it is stated that it is not a gift but it is a sale and it is executed after the sale consideration has been paid by the petitioner and therefore, the provisions of Section 23 of the Act are not applicable to this case. He has placed reliance upon the relevant provisions of law and also the following decisions of this Court.

(1) Smt. H. Deepika Vs. Maintenance and Welfare of Parents

and Senior Citizens Appellate Tribunal rep. by its Chairman, District Collector, Karimnagar and others (2) Smt. H. Deepika Vs. Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal rep. by its Chairman, District Collector, Karimnagar and others (3) P. Rohit Saurya Vs. The State of Telangana rep. by its Principal Secretary, Principal Secretary, Hyderabad and others (4) Smt. Mandadi Sulochana Vs. Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal rep. by its Chairman, District Collector, Nalgonda and others

4. Learned Government Pleader for Women Development and Child Welfare and al