THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO.15033 OF 2025

ORDER:

The present writ petition is filed seeking the following relief: “…Writ of Mandamus declaring the impugned order passed by the 3^rd respondent in Case N. 61/E/2023 Dated 22.04.2025 served on the petitioner on 30.04.2025 whereby allowing the appeal of the 4^th respondent and declaring the gift deed vide document no. 6610 of 2018 dated 06.04.2018 executed by the 4^th respondent in favour of the petitioner as null and void as illegal, arbitrary, unconstitutional and contrary to the provisions of the Senior Citizens Act 2007 and consequently by setting aside the impugned order passed by the 3^rd respondent, direct the respondents No. 2 and 3 not to give effective to the impugned order by interfering with a peaceful possession and enjoyment of the schedule property mentioned in the gift deed dated

06.04.2018 ….”

2) Heard Sri C. Hari Preeth, learned counsel for the petitioner, Sri Mohammed Imran Khan, learned Additional Advocate General appearing for respondents 1 to 3, and Sri N.Vashishta Venkateswarlu, learned counsel appearing for respondent Nos.4 and 5.

3) Learned counsel for the petitioner has submitted that initially respondent No.4, who is none other than the grand father of writ petitioner, has approached the Primary Authority under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, viz., Sub-Divisional Magistrate and Revenue Divisional Officer, Keesara Division, Medchal-Malkajgiri District, seeking cancellation of the Gift Deed dated 06.04.2018 executed by him (respondent No.4) in favour of the writ petitioner and also to restore possession of respondent No.4. After considering the entire material on record, the Primary Authority passed order dated 20.12.2022 directing respondent No.4 to approach the Civil Court for redressal of his grievance. Aggrieved by the same, respondent No.4 has filed an appeal before the Appellate Authority viz., District Collector. Vide order dated 06.07.2023 the appellate authority has dismissed the appeal vide Appeal Case No.61/E/2023 confirming the order dated 20.12.2022 passed by the Primary Authority. However, the further appeal preferred by respondent No.4 was entertained by the Second Appellate Authority viz., Commissioner/Director under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (in short ‘Act of 2007’) and the Rules made thereunder, even without therebeing any application for condonation of delay.

3.1) Learned counsel has further contended that the Second Appellate Authority issued notice dated 10.03.2025, which was served on the petitioner on 13.03.2025, informing the date of hearing of the second appeal as 18.03.2025 at 2.00 pm. Though the petitioner appeared on the said date before the Second Appellate Authority, he was not allowed to be represented by his counsel. As such, the petitioner filed W.P.No.8647 of 2025 before this Court on 19.03.2025 wherein this Court vide order dated 21.03.2025 has granted stay of all further proceedings pending before the Second Appellate Authority. However, the Second Appellate Authority passed order dated 18.03.2025 with antedate in the further Second Appeal and remanded the matter to the First Appellate Authority viz., District Collector for fresh enquiry as per law, even without causing any enquiry or giving opportunity of hearing to the petitioner. Learned counsel has further contended that the First Appellate Authority without reference to the order of the Second Appellate Authority, has entertained the re-appeal filed by respondent No.4 and issued the notice dated 28.03.2025 to the petitioner to appear on 02.04.2025. On the said date, the petitioner has appeared before the First Appellate Authority and requested to keep the proceedings in abeyance till disposal of W.P.No.8647 of 2025 and also submitted a representation dated 02.04.2025 to that effect. Yet, the First Appellate Authority has passed the order dated 22.04.2025 behind the back