HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.5971 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent No.3 in issuing Lr.No.B/72/2025 dated 14.2.2025 is illegal arbitrary violative of Articles 14, 21 and 300A of the Constitution of India and consequently suspend the Lr.No.B/72/2025 dated 14.2.2025 issued by the respondent No.3.…”

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

3. It is stated that the petitioner is the son of respondent No.7, who is a Senior Citizen. It is further stated that respondent No.7 has filed a petition vide Case No.A/1121/2023 before respondent No.2-the District Collector, under Section 22(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’), seeking eviction of the petitioner from house bearing No.8-3-234/87/8, admeasuring 85 square yards, Lakshminarsimha Nagar, Yousufguda, Hyderabad, and the same was disposed of vide order, dated 11.12.2023 directing the petitioner to provide equal accommodation to respondent No.7. It is further stated that respondent No.7 filed an application, dated 16.01.2025 before respondent No.3-the Revenue Divisional Officer, with a request to implement the order dated 11.11.2023 passed in Case No.A/1121/2023 by respondent No.2 and also seeking for police protection to take possession of her house, as the petitioner is not allowing her to enter the premises; and acting on the said application, respondent No.3 issued letter vide Lr.No.B/72/2025 dated 14.02.2025 directing respondent No.6-SHO, to provide police protection for taking possession of the subject property as per the order dated 11.11.2023. Hence, this writ petition.

4. Learned counsel for the petitioner has not disputed that the subject property is self-acquired property of respondent No.7, and being the son, the petitioner was allowed to enjoy the property.

5. If that is the case, there is no dispute that the senior citizen is entitled for filing appropriate application seeking eviction of the petitioner from the property in the absence of any documents executed in favour of the petitioner if the application filed satisfies the requirements of Section 23 of the Act. The respondent No.2 passed order on 11.11.2023 and even after lapse of more than a year, said orders are not given effect, as such the very object of enacting the Act would be defeated.

6. In view of the above, this Court is of the opinion that ends of justice would be met if the respondents are directed to take steps for implementation of the order dated 11.11.2023 passed by respondent No.2 to provide equal accommodation to respondent No.7 within a period of one month from the date of receipt of a copy of this order. If the petitioner fails to do so, respondent No.6 is directed to extend the police protection to respondent No.7, after expiry of the time granted by this Court, for taking necessary steps.

7. With the above observations, this Writ Petition is disposed of. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________ C.V.BHASKAR REDDY, J Date: 27.02.2025 sus