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(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 32323 OF 2023

Between:

Mr K. Prasanna Chakravarthy, S/o K. Appa Rao.

...Petitioner

AND

• 1. Union of India, Represented by its Secretary, Ministry for Social Justice, Room No.637, A Wing, Shastry Bhawan, New Delhi-110001
• 2. State of Telangana, Represented by its Principal Secretary, Department for Women, Children, Disabled and Senior Citizens Under Ministry of Social Welfare, D-Block, Third Floor, Central Secretariat Buildings, Hyderabad, Telangana, PIN-500022
• 3. Revenue Divisional Officer cum Sub-Divisional Magistrate, Malkajgiri Division, Medchal-Malkajgiri District 37/18/37, 1St cross Rd, Verka Residency, Vayupuri, Sainikpuri, Neredmet, Secunderabad, Telangana, PIN-500094
• 4. Mr. Kosetti Apparao Naidu, S/o Late K.P.Naidu, Occ: Retired Employee, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.
• 5. Mrs. Kosetti Sandhya Rani, W/o Mr. Kosetti Apparao Naidu, Occ: Home maker, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.

...Respondents

WHEREAS the Petitioner above named through his Advocate, Sri D C SEKHAR presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ or Order or Direction more preferably one in the nature of Writ of Mandamus or any other Writ or Order or Direction declaring Sections.17 and 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rule 21 sub-Rule (3) of the Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 are discriminatory, arbitrary and ultra virus since violative of fundamental rights guaranteed under Articles.14 and 21 of the Constitution of India and further to declare that the action of the third respondent in not executing/enforcing the orders passed on 28-09-2022 in case No. L1/353/2021 is arbitrary and illegal and consequently direct the third respondent to enforce the orders dt. 28-09-2022 in case No. L1/353/2021 recover the possession of Flat No. 1503 in E-Block Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, from the fourth respondent and handover the vacant possession to the petitioner.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri D C SEKHAR, Advocate for the Petitioner, Standing Counsel for Central Government takes notice for Respondent No. 1, GP for Women Children and Development takes notice for Respondent No.2 and GP for Revenue takes notice for respondent No.3 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. Mr. Kosetti Apparao Naidu, S/o Late K.P.Naidu, Occ: Retired Employee, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.
• 2. Mrs. Kosetti Sandhya Rani, W/o Mr. Kosetti Apparao Naidu Occ: Home maker, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.

are directed to show cause on or before 08.12.2023 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following: ORDER

Notice to respondents No.4 and 5.

Personal notice to respondents No.4 and 5 permitted.

List on 08.12.2023.

//TRUE COPY//

SECTION OFFICER

SD/- N. RAJA GOPAL ASSISTANT REGISTRA

$\mathcal{F}$ . To,

• 1. Mr. Kosetti Apparao Naidu, S/o Late K.P.Naidu, Occ: Retired Employee, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.
• 2. Mrs. Kosetti Sandhya Rani, W/o Mr. Kosetti Apparao Naidu Occ: Home maker, R/o Flat No.1503, Block-E, Ashvitha Mahendra Towers, Kukatpally, 13th Phase, Hyderabad, Telangana, PIN-500085.

(For 1 and 2 by RPAD- along with a copy of petition and affidavit)

• 3. One CC to SRI. D C SEKHAR Advocate [OPUC]
• 4. One CC to SRI. GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA Advocate [OPUC]
• 5. Two CC to GP For Women Children and Development. High Court at Hyderabad. [OUT]
• 6. Two CC to GP For Revenue. High Court at Hyderabad. [OUT]
• 7. One spare copy

HIGH COURT

BVRJ

DATED: 24/11/2023

List on 08.12.2023.

NOTICE BEFORE ADMISSION

WP.No.32323 of 2023