C. SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition is filed seeking the following relief:

(2.) Heard Sri C. Hari Preeth, learned counsel for the petitioner, Sri Mohammed Imran Khan, learned Additional Advocate General appearing for respondents 1 to 3, and Sri N.Vashishta Venkateswarlu, learned counsel appearing for respondent Nos.4 and 5.

(3.) Learned counsel for the petitioner has submitted that initially respondent No.4, who is none other than the grand father of writ petitioner, has approached the Primary Authority under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, viz., Sub-Divisional Magistrate and Revenue Divisional Officer, Keesara Division, Medchal-Malkajgiri District, seeking cancellation of the Gift Deed dtd. 6/4/2018 executed by him (respondent No.4) in favour of the writ petitioner and also to restore possession of respondent No.4. After considering the entire material on record, the Primary Authority passed order dtd. 20/12/2022 directing respondent No.4 to approach the Civil Court for redressal of his grievance. Aggrieved by the same, respondent No.4 has filed an appeal before the Appellate Authority viz., District Collector. Vide order dtd. 6/7/2023 the appellate authority has dismissed the appeal vide Appeal Case No.61/E/2023 confirming the order dtd. 20/12/2022 passed by the Primary Authority. However, the further appeal preferred by respondent No.4 was entertained by the Second Appellate Authority viz., Commissioner/Director under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (in short 'Act of 2007') and the Rules made thereunder, even without therebeing any application for condonation of delay.