HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 36810 OF 2024

O R D E R:

Petitioner, a 72 year-old, retired nurse in Gandhi Hospital, Secunderabad, claims to be absolute owner of house bearing No. 26-95/4/2, (Old No.26-104/17), Plot No. 17, Malkajgiri Municipality, Medchal-Malkajgiri District by virtue of a registered Sale Deed dated 22-10-1984, purchased out of her hard-earned money. It is stated, for all these years, Respondents 5 and 6, her son and daughter-in-law have been residing in the said house and subjected her to physical and mental cruelty and now her life is in danger, if they live in her house. Respondent No. 6 filed Section 498A case against petitioner and respondent No.5 (CC No.2658 of 2022 before V Addl. Metropolitan Magistrate, LB Nagar) and continued to stay in the same house.

1.1. The grievance of petitioner is that she has been spending sleepless nights and is apprehending danger in the hands of Respondents 5 and 6. She claims that as per Sections 22 and 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which provide protection of life, liberty and property to a Senior Citizen, she filed an Application under Chapter-V before the District Collector -Respondent No.2 on 11-07-2024 seeking eviction of her son and daughter-in-law from her house. Since there was no action, she filed Writ Petition No. 27400 of 2024, wherein this Court by order dated 03-10-2024 directed Respondents 2 to 4 therein to take appropriate action on petitioner's representation dated 09-07-2024 as per the 2007 Act by conducting summary enquiry and by issuing appropriate directions to all the concerned in the interest of petitioner within two weeks from the date of receipt of a copy of this order by giving notice to all the concerned as per the provisions of the said Act.

1.2. Since Respondent No.2 did not take any action within the stipulated time, petitioner claims to have sent a notice to Respondent No.2 and filed Contempt Case No. 2548 of 2024, wherein, on receipt of notice, Respondent No.2 hurriedly passed the order dated 20.12.2024, impugned in this Writ Petition, without application of mind. It is stated, in the said order, Respondent No.6 filed Section 498A case against petitioner and Respondent No.5 and FCOP No. 610 of 2021 for restitution of conjugal rights, DVC and maintenance against Respondent No.5. On this ground alone, Respondent No.2 declared that her claim is not covered under the definition of the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules, 2011.

1.3. According to petitioner, Respondent No.2 failed to appreciate that Respondent No.6, having filed all the above cases cannot choose to live in her house. The grounds cited in the impugned order are not only tenable but bad in law and violation of her right to live in her own house with dignity under Article 21 of the Constitution of India. Under these circumstance, petitioner seeks to remand her claim to Respondent No.2 for effective adjudication as per law, duly setting aside the order dated 20-12-2024.

2. The 4^th respondent - District Welfare Officer filed counter stating that petitioner filed representation on 09-07-2024 under Chapter V for eviction of her son and daughter-in-law. The Appellate Tribunal & District Collector received the said Application on 11-07-2024. It is stated, pursuant to the directions issued in Writ Petition No 27400 of 2024, the Appellate Tribunal & District Collector issued Show Cause notice on 19-11-2024 to Respondents 5 and 6. In response thereto, Respondent No. 5 submitted explanation on 24-11-2024 stating that his wife filed Maintenance case and also Criminal case vide CC No. 3384 of 2022 before the District Court at LB Nagar. Respondent No. 6 submitted explanation on

30-11-2024 stating that petitioner and Respondent No.5 started harassing her for additional dowry which resulted in complaint before WPS Saroornagar under FCOP No.610 of 2021 on 19-03-2021 before the Fami