Devata Praveen Kumar v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25350 OF 2018 O R D E R :

This writ petition is filed challenging the action of the 2nd respondent in not disposing of the stay petition as also the appeal filed by the petitioner under Section 16 of the Senior Citizens Maintenance Welfare Act, 2007, against the orders passed by the 3rd respondent in R.C.B.No.1792/2017, dated 13.03.2018.

Learned counsel for the petitioner submits that the 3rd respondent issued notice to the petitioner on the application filed by the 4th respondent which is numbered as R.C.B.No.1792/2017; and that the petitioner also filed counter stating that he has settled some properties worth Rs.60 lakhs in favour of 4th respondent and also provided residence to the 4th respondent; but, without considering the said facts the 3rd respondent passed order dated 13.03.2018 directing the petitioner to pay Rs.10,000/- per month towards maintenance of the 4th respondent; and that aggrieved by the same petitioner filed appeal before the 2nd respondent on 07.04.2018. He also submits that in pursuance to the appeal filed by the petitioner the 2nd respondent issued notice to the petitioner vide R.C.No.C/282/2016, dated 05.05.2018 for production of documents and in pursuance of the same the petitioner also produced the documents. But, till date no orders are passed in the appeal.

On the other hand learned Government Pleader for Women Development and Child Welfare submits that though the 3rd respondent directed the petitioner to pay maintenance to the 4th respondent of Rs.10,000/- every month, petitioner has not paid any amounts to the 4th respondent.

Having regard to the aforesaid facts and circumstances, since the appeal filed by the petitioner is pending before the 2nd respondent, the 2nd respondent is directed to dispose of the appeal filed by the petitioner within two months from the date of receipt of a copy of this order after issuing notice to the petitioner and 4th respondent, in accordance with law. Till disposal of the said appeal, the petitioner shall deposit an amount of Rs.5,000/- per month towards maintenance of the 4th respondent and 4th respondent is permitted to withdraw the same without furnishing any security.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 27.08.2018 t k.