THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.2681 of 2022

ORDER

This writ petition is filed seeking the following relief:

“…to issue writ or order or direction more particularly one in the nature of writ of Mandamus declaring the impugned orders passed by the Respondent No.3 in Case No.H/1371/2021, Dated 06.12.2021 as illegal, arbitrary, unconstitutional and contrary to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and against to the principles of natural justice, consequently set-aside the impugned order in the interest of justice…”

2. Heard Sri B. Srinivas Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Home appearing for respondent No.4 and Sri M. Bharadwaj Reddy, learned counsel for respondent No.5.

3. Learned counsel for the petitioners would submit that respondent No.3 in case No.H/1371/2021, dated 06.12.2021, has passed the order directing the petitioners to vacate the residential house bearing No.20-1500, Papireddy Colony, Chandanagar, Serilingampally Mandal, Ranga Reddy District within 45 days. Aggrieved by the action of respondent No.3, the present writ petition has been filed by the petitioners.

4. This Court on 22.01.2022, at the time of admission, granted Status-Quo obtained as on that date. Thereafter, on subsequent hearings, the Status-Quo order has been vacated by this Court on 15.04.2025. Against the same, writ appeal has been preferred by the petitioners in W.A No.590 of 2025 and it is pending before the Hon’ble Division Bench of this Court.

5. Learned counsel for the petitioners reported urgency in this matter stating that the petitioners’ daughter is provisionally selected by the Telangana Council of Higher Education to pursue her Master of Business Administration (MBA) Course and her educational certificates were kept in the house, which is in dispute. Therefore, lunch motion has been sought to direct the respondents to permit the petitioners to take the certificates of their daughter. Accordingly, this Court granted lunch motion on the ground of urgency expressed by the learned counsel for the petitioners.

6. When the matter is taken up for consideration, learned counsel for the petitioners would submit that in compliance with the order passed by the learned Tribunal- respondent No.3 under Section 5 (8) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the house property in question has been seized by the Tahsildar- Chevella with the assistance of respondent No.4 - SHO, Chandanagar, and as of now, it is under the seized condition. It is further submitted that the petitioners’ daughter has been selected by the Telangana Council of Higher Education for admission in MBA Course and she was provisionally selected to pursue her education in Sridevi Women’s Engineering College (Autonomous), Gandepet, Ragna Reddy District and her educational documents were lying in the house, which is under the seized condition. It is further submitted that, if the documents are not submitted in the counseling, the petitioners’ daughter lose the opportunity of pursuing her higher education, where she has succeeded in the competitive examination vide Hall Ticket No.2526203097 and obtained Rank 13566 under BC-B category. Hence, by filing a memo, expressed urgency and would seek appropriate direction to respondent Nos.2 to 4 to permit the petitioners to take out the educational certificates of daughter of the petitioners from the seized property and to facilitate the daughter of the petitioners to pursue her higher education.

7. Appearing online, learned counsel for respondent No.5 would submit that it is not the case of the petitioners that the property in question is seized by the official respondents. The question of seizure does not arise, as the respondent No.5, who is mother of the petitioner No.1 is staying in the house, which is