IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1243 OF 2019 (GM-RES) BETWEEN:
1. Muqthyar Ahamed Khan S/o late Haji Bashir Ahamed Khan Aged 38 years, P H Colony, Now residing at New Extension Heggere Village and at Post Tumkur Rural Taluk- 572 105.
2. Liyakath Ahamed Khan S/o late Haji Bashir Ahamed Khan Aged 34 years, Now residing at Heggere Village and at Post, Tumkur Rural Taluk- 572 105.
(By Sri. Ramesh Adithya, Advocate) And ... Petitioners 1. The Assistant Commissioner and President for Senior Citizens Board Tumkur Sub-Division Tumkur 572 105.
2. Subrunnissa W/o late Haji Bashir Ahamed Khan Aged about 60 years, R/at Idga Mohalla Layout, P H Colony, Tumkur- 572 105.
... Respondents (By Sri. Vijaya Kumar A. Patil, Advocate for R1; Sri. Umashankar B.N, Advocate for R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution Of India praying to quash the order dated 01.12.2018 in Case No.9/2018-19 passed by the R-1 - Assistant Commissioner and President of the Maintenance and Welfare of Parents and Senior Citizens, Tumkur vide Annexure-A and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Ramesh Adithya, learned counsel for the petitioners.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent No.1.
Sri. Umashankar B.N., learned counsel for respondent No.2.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 01.12.2018 passed by the Assistant Commissioner, Tumkur under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
3. When the matter was taken up today, learned counsel for the petitioners has raised a singular contention that the impugned order has been passed without issuing any notice to the petitioners and without affording any opportunity of hearing to the petitioners.
4. Learned Additional Government Advocate as well as learned counsel for respondent No.2 were unable to point out from the order passed by the Assistant Commissioner dated 01.12.2018 that neither the presence of the petitioners has been marked nor anywhere in the order or in the submissions, it is recorded. Therefore, prima facie the contentions of the petitioners that neither notice has been issued nor any opportunity of hearing was afforded to them, is correct.
5. Since the impugned order has been passed in violation of principle of natural justice, it is hereby quashed and set aside. The matter is remitted to the Assistant Commissioner to decide the application filed by the petitioners by a speaking order within a period of one month from the date of receipt of certified copy of the order passed today.
6. The parties undertake to appear before the Assistant Commissioner on 18.02.2019 along with copy of this order.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-