SAMBARU KANAKA DURGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the 2nd respondent in not passing any order on the appeal O.P.No... of 2019 pending before the 2nd respondent along with I.A in connection with the directions to the 2nd and 3rd respondent to cancel the Gift Deed document bearing No.459 of 2003, dtd. 7/3/2013 executed in favour of the petitioner's son Ramesh Babu, keep on pending the appeal before the 2nd respondent is illegal and arbitrary and consequently direct the 2nd respondent to dispose of the appeal filed by the petitioner as early as possible in the interest of justice.

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.

(3.) The grievance of the petitioner is that she purchased the agricultural property to an extent of Ac.0.05 cents of 951 links or 288 sq yards in RSNo.200/2 is having RCC daba house No.21-232 situated at Nadim Tiruvuru, Tiruvuru, Krishna District with her streedhana property and since then she is in possession and enjoyment of the said property. On 7/3/2013, she executed a registered gift deed in favour of her son viz., Ramesh Babu and at the time of execution of the said gift deed, the son and daughter-in-law of the petitioner promised that they have looked after the welfare of the petitioner and also informed that after the death of the petitioner only, the property will bequeathed to them. On 19/10/2013, the son of the petitioner died. Subsequently, the 4th respondent, who is her daughter-in-law, thrown out her from the house. The petitioner preferred an appeal before the 2nd respondent under Rule 4(1) of the Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011 r/w sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on 9/9/2019 and the 2nd respondent has so far not numbered the appeal and not heard the matter. Assailing the inaction of the 2nd respondent, this Writ Petition is filed.