THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.23516 of 2025

ORDER

This writ petition is filed for the following prayer:

“…to issue a writ of certiorari calling for the records relating to the order passed by the 2^nd respondent in Procgs.No.L/3320/2024, dated 11.07.2025, and set aside the same…”

2. Heard learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent No.1, Mr. M.Yadagiri, learned Assistant Government Pleader for Women and Senior Citizens Department, appearing for respondent No.2 and Mr. P.R.Manohar, learned counsel for respondent Nos.3 and 4. Perused the record.

3. Learned counsel for the petitioner would submit that the petitioner is the bonafide purchaser from the respondent No.4, who had in fact executed the sale deed along with her mother by name Smt. Yadamma for a valuable consideration on 13.03.2024 vide Regd.Doc No.6890/2024 in respect of H.No.42-469/5 with built up area of 200 Sq.Feet of ACC, land admeasuring 100 Sq.yds or equivalent to 83.6 Sq.Mts in Sy.No.347, and H.No.42-

469/6, with a plinth area of 250 Sq.Feet or RCC admeasuring 58.0 Sq.Yds in Sy.No.348/1, situated at Shiridi Hills, Anjaiah Nagar, Jagathgirigutta, Quthbullapur Village and Mandal, under GHMC Cricle, Medchal- Malkajgiri District, which are duly registered on the office of SRO, Quthbullapur.

4. Learned counsel for the petitioner would further submit that by playing fraud on the petitioner, respondent Nos.3 and 4 have instituted a false case before respondent No.2 by invoking the jurisdiction of crime under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short “the Act, 2007”) and the corresponding Rules there under. Vide impugned proceedings, dated 11.07.2025, respondent No.2 had cancelled the gift deed No.28857/2022, dated 21.10.2022 registered at Sub- Registrar Office, Quthbullapur, executed in favour of respondent No.4.

5. It is further submitted that in the witness column of the sale deed, one Mr.G.Naryana, who is the petitioner before the respondent No.2 in the impugned proceedings, is shown as witness, suppressing the said fact, a false case has been filed. Vide impugned proceedings, respondent No.2, cancelled the gift deed No.28857/2022 and reverted back in favour of respondent No.3 herein under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to effect the rights of the petitioner herein. Hence, he would submit that the petitioner being the victim of the fraudulent activities, having no other option, filed this writ petition seeking to set-aside the order passed by respondent No.2.

6. Appearing online, learned counsel for the respondent Nos.3 and 4 would submit that respondent No.4 has played fraud on respondent No.3 on the pretext of obtaining bank loan for development of the property, had misrepresented respondent No.3 that the said agreement required to be executed for the purpose of obtaining loan and accordingly, the gift deed had been obtained and through which, the sale deed has been executed in favour of the petitioner herein in collusion, where the mother of respondent No.4 is also signatory to the said sale deed. Having come to know the said fact, respondent No.3 had filed an application before respondent No.2 under the Act, 2007 and the correspondent Rules therein. Vide impugned order in proceedings No.L/3320/2024, dated 11.07.2025, cancelled the gift deed and reverted back in favour of respondent No.3. Hence, he seeks to pass appropriate orders.

7. Learned Assistant Government Pleader for Women and Senior Citizens Department would submit that the fact of further execution of sale deed has been brought to the notice of respondent No.2 Tribunal. Respondent No.2, by relying upon the submissions of both parties and after examination of the material before it, passed the impugned proceedings. Hence, he seeks to pass appropriate orders.

8. Having heard learned counsel for the petitioner, learn