THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14838 of 2023

ORDER:

This writ petition has been filed seeking to call for the records relating to proceedings No.A/44/2023 dated 25.02.2023 issued by respondent No.3 and orders in Appeal No.C1/2191/2023 dated 03.05.2023 issued by respondent No.3 and to quash/set aside the same, as illegal and arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner’s father was the absolute owner and possessor of land in Survey Nos.301, 308, 318, 356, admeasuring Ac.2.15 guntas situated at Madugulapally Village, Thipparthy Mandal, Nalgonda District, and he died intestate leaving behind his wife and four daughters. It is also stated that after the death of petitioner’s father, the said property was mutated in the name of the petitioner’s mother, who in turn executed a gift deed in favour the petitioner, who is the eldest daughter. It is further stated that thereafter, on the application being submitted by the petitioner, the revenue authorities after conducting enquiry issued mutation proceedings vide order No.984/2014 dated 18.10.2014 and pattdar pass book in her favour vide patta No.1207 and passbook No.1102544 and the petitioner has been receiving various incentives being granted by the Government as investment subsidy from time to time. Despite the same, the petitioner’s mother i.e., respondent No.5 herein filed a complaint on the file of the Maintenance Tribunal (under the Maintenance and Welfare of Parents and Senior Citizens Act)–cum-Revisional Officer, Miryalaguda, Nalgonda District i.e, respondent No.2 herein, alleging that her daughters neglected to maintain her and requesting that the subject property which has been illegally inherited by the petitioner may be given back to her for the purpose of maintaining herself. Respondent No.2, vide order dated 25.02.2023, directed cancellation of the said mutation proceedings issued in favour of the petitioner and challenging the same, petitioner is stated to have preferred appeal vide Appeal No.C1/2191/2023 on the file of the Appellate Tribunal i.e., respondent No.3, who vide its order dated 03.05.2023 confirmed the order passed by respondent No.2 and directed cancellation of mutation proceedings issued in favour of the petitioner, without affording her any opportunity and without following the procedure as contemplated under the provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 (for short “the Senior Citizens Act”).

3. Learned counsel appearing for respondent No.5 vehemently contends that the petitioner is the eldest of the four daughters of respondent No.5; the subject property originally belonged to the husband of respondent No.5; upon his death, the subject property has been mutated in the name of respondent No.5; thereafter, respondent No.5 has not executed any gift deed in favour of the petitioner; but, when rythu bandhu has been stopped to respondent No.5, on enquiry, she came to know that the petitioner without any intimation or consent, got mutated her name in the revenue records by creating a fabricated gift deed in respect of the subject property; furthermore, respondent No.5 has been neglected to provide maintenance, which constrained her to prefer application on the file of respondent No.2 who in turn after conducting enquiry cancelled the mutation proceedings issued in favour of the petitioner and directed her to return the subject property in favour of respondent No.5 and on the appeal being preferred by the petitioner, respondent No.3 rightly confirmed the order passed by respondent No.2; and as such the impugned orders passed by respondent No.2 and 3 do not require any interference.

4. Considered the submissions of the learned counsel for the parties and perused the record.

5. Since it appears that there are disputes between the parties with regard to right and title over the subject property, which are required to be adjudicated by the competent Civil Court in a p