IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50475 OF 2018 (GM-RES) AND WRIT PETITION NO.55511 OF 2018 BETWEEN:
1. Abdul Mazeeda, S/o late Ibrahim Sab, Aged about 78 years, 2. Fathima Bi, W/o Abdul Mazeeda, Aged about 66 years, Both are R/o Agasar Hole Road, Bellur Town, Nagamangal – Tq, Mandya District – 571 401.
Now R/o Ummar Nagar, Bellur Town – 571 401, Nagamangal – Tq, Mandya – District – 571 401. (By Sri. Raja L., Advocate) AND:
1. The Deputy Commissioner, Mandya District, Mandya – 571 401.
… Petitioners 2. The Assistant Commissioner, Mandya Tq, Mandya – 571 401.
3. The Tahasildar, Nagamangal, Nagamangal Tq, Mandya District.
4. The Police Sub Inspector, Bellur Police Station, Nagamangal Tq, Mandya District – 571401.
5. Mahammad Gousha, S/o Abdul Mazeeda, Aged about 38 years, R/o Agasar Hole Road, Bellur Town, Nagamangal – Tq, Mandya District – 571 401.
6. Amzad Pasha, S/o Abdul Mazeeda, Aged about 41 years, 7. Gayasha Pasha, S/o Abdul Mazeeda, Aged about 43 years, 8. Riyaza Pasha, S/o Abdul Mazeeda, Aged about 41 years, R6 to R8 are R/o Agasar Hole Road, Bellur Town, Nagamangal – Tq, Mandya District – 571 401.
… Respondents (By Sri. Y. D. Harsha, AGA for R1 to R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue direction to the R1 to 3 to consider the representation of the petitioners produced as Annexure – G and H dated 23.08.2018 and 27.08.2018 respectively and etc., These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Raja L., learned counsel for the petitioners.
Sri. Y. D. Harsha, learned Additional Government Advocate for respondent Nos.1 to 4.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the remaining respondents.
2. Learned counsel for the petitioners submits that the Assistant Commissioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act’ for short), has passed an order in favour of the petitioners directing respondent Nos.5 to 8 to hand over the possession of the premises in question to the petitioners.
3. If that be so, the petitioners would be at liberty to approach the Assistant Commissioner with regard to their grievance.
4. Needless to state that in case the representations submitted by the petitioners are not already decided, the petitioners will be at liberty to file any such representation afresh before the Assistant Commissioner and the same shall be dealt with by the Assistant Commissioner in accordance with law expeditiously after affording an opportunity of hearing to the parties.
Accordingly, petitions are disposed of.
Sd/- JUDGE Mds/-