Chimmiri Hanumantha Rao & Anr. vs The State Of Ap & Ors.

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

The 1^st petitioner herein filed O.P.No.1673/2025-G under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter for short ‘the Act’) seeking maintenance from his son and for cancellation of the Gift Deed executed by the 1^st petitioner in favour of the 4^th respondent. The 3^rd respondent – Revenue Divisional Officer, vide order dated 22.08.2025, directed the 4^th respondent not to alienate the property pertaining to House No.13, Door No.1-6-3/N, Gujjanagundla, Guntur, and permitted the petitioners to stay in the said property, however, not granted any maintenance to the petitioners.

Aggrieved by the order dated 22.08.2025, the 1^st petitioner preferred appeal before the 2^nd respondent-District Collector. The District Collector, vide order dated 25.02.2026, confirmed the order passed by the 3^rd respondent, inter alia, observed that the petitioners are having two children one son settled in U.S.A., the 4^th respondent herein, and a daughter residing in India. The 1^st petitioner engaged in cotton business for about sixteen years and recently installed a weighbridge valued at about Twenty Lakhs. Though he claims financial losses and insolvency, it was found that he owns agricultural land and a house at Ravinuthala Village and continues to reside in the RCC building at Brindavan Colony, which was transferred to his son through Gift Deed bearing Doc.No.2194/2023. However, enquiry reveals that despite claiming financial distress, the petitioners are continuing business activities and is leading a comfortable life. Aggrieved by the order dated 25.02.2026, the present Writ Petition has been filed.

Heard learned counsel for the petitioners and learned counsel for the respondents.

Learned counsel for the petitioners submits that the authorities failed to properly appreciate and apply Section 23 of the Act, which mandates that transfer made by the senior citizen, subjected to an implied condition of maintenance. The finding of the Tribunal and Appellate Tribunal observing that in the absence of an express condition in the gift deed, disentitles the relief and is contrary to law laid down by the Hon’ble Apex Court in the case Urmila Dixit Vs Sunil Sharan Dixit and other^{11.(2025) 2 SCC 787} and the impugned orders suffer from non-application of mind and the respondents have failed to appreciate the petitioner’s (senior citizen) sever medical condition and vulnerability, render the findings perverse. Hence, prayed to set aside the impugned orders passed in O.P.No.1673/2025-G dated 22.08.2025, which is confirmed in the order dated 25.02.2026 by the appellate authority.

The findings of the Tribunal and the Appellate Tribunal reveal that no reasoning was provided as to why the petitioner (senior citizen), is not entitled to the relief of cancellation of the executed gift deed. As the impugned orders are entirely bereft of reasons, regarding the contentions raised by the petitioners, learned counsel for the unofficial respondent has fairly conceded that the orders cannot be sustained. Consequently, the impugned orders should be set aside, and the matter should be remanded to the Tribunal for a fresh determination on its merits.

As such, without adverting into merits of the case, both the order passed in O.P.No.1673/2025-G dated 22.08.2025, and the appellate authority order dated 25.02.2026, are hereby set aside and the matter is remitted back to the 3^rd respondent – Revenue Divisional Officer, to pass afresh orders after giving opportunity of hearing to the petitioners as well as to the 4^th respondent.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.