IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.30669 of 2019 (GM-RES) BETWEEN:
J.S. VISHWA, S/O LATE M.S. SHIVAPPA & SMT. H.B. SOMAMMA, AGED ABOUT 49 YEARS, JAMMNAHALLI VILLAGE & POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134.
(BY SRI PRAKASHA H.C., ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER, SAKALESHAPURA SUB DIVISION, SAKALESHAPURA, HASSAN DISTRICT – 573 134.
2. SMT H.B. SOMAMMA, W/O LATE M.S. SHIVAPPA, MAJOR, JAMMNAHALLI VILLAGE & POST, BELAGODU HOBLI, SAKALESHPURA TALUK – 573 134.
... PETITIONER AND PRESENT AT C/O K.R. RAJEGOWDA, COFFEE PLANTER, KOURI VILLAGE, KUSHAVARA POST, BELURU TALUK, HASSAN DISTRICT – 573 115.
(BY SRI VIJAYKUKMAR A. PATIL, AGA FOR R1.
... RESPONDENTS SRI A.V. GANGADHARAPPA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27.06.2019, IN CASE ON THE FILE OF THE R-1- ASSISTANT COMMISSIONER, SAKALESHAPURA, WHICH IS AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Prakasha H.C., learned counsel for the petitioner. Sri Vijayakumar A.Patil, learned Additional Government Advocate for respondent No.1.
Sri A.V.Gangadharappa, learned counsel for respondent No.2.
2. This petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner, inter alia, is seeking for quashing of the order dated 27.06.2019 passed by respondent No.1-Assistant Commissioner, Sakaleshpura, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
4. When the matter was taken up today, learned counsel for the parties jointly submitted that the impugned order has been passed by respondent No.1-Assistant Commissioner, Sakaleshpura, without holding any enquiry. Therefore, the impugned order be set aside and the matter be remanded to the Assistant Commissioner to decide the same afresh in accordance with law, in a time bound manner.
5. In view of the aforesaid submission and taking into account the fact that the impugned order dated 27.06.2019 has been passed without holding any enquiry, the same is hereby quashed and set aside and the matter is remanded to the Assistant Commissioner to afford an opportunity of hearing to the parties and thereafter, conduct an enquiry and decide the matter in accordance with law preferably within a period of four months from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE mv