IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.33241/2016 & 33262/2016 (GM-RES) BETWEEN:
SMT. ROOPASRI D/O SRI M VENKATASWAMY AGED ABOUT 47 YEARS R/AT NO. 205, 7TH MAIN, 4TH BLOCK JAYANAGAR, BENGALURU - 560 011.
(By Mr. SUBRAMANYA R, ADV.,) AND:
1. SRI. M. VENKATASWAMY S/O LATE MUNIYAPPA AGED ABOUT 83 YEARS R/AT NO. 1138, 16TH MAIN BTM LAYOUT 1ST STAGE BENGALURU - 560 076.
2. THE MAINTENANCE TRIBUNAL BENGALURU AND THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU - 560 001.
3. SRI. L C NAGARAJ AGED MAJOR ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU - 560 001.
4. STATE OF KARNATAKA DEPARTMENT OF REVENUE … PETITIONER VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY.
(By Mr. Y.D. HARSHA, AGA FOR R2 & R4 Mr. SANKET M. YENAGI, ADV., FOR R1 R3 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned order passed by the R-2 Tribunal dated 30.5.2016 vide Annex-A. Declare that the proceedings in MSC[SC]CR 3/2016-17 before the R-2 Tribunal are in violation of the provisions of the Maintenance and Welfare of parents and Senior Citizens Act, 2007 and Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 & etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Subramanya R., learned counsel for the petitioner.
Sri.Sanket M.Yenagi, learned counsel for the respondent No.1.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.2 and 4.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner has prayed for the following reliefs:
“i. Issue a writ of certiorari quashing the impugned order passed by the 2nd respondent Tribunal in MSC(SC)CR 3/2016-17 dated 30.05.2016 (produced as Annexure-A);
ii. declare that the proceedings in MSC(SC)CR 3/2016-17 before the 2nd respondent Tribunal are in violation of the provision of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009; and iii. Issue a writ of mandamus in directing the 4th respondent to appoint any other competent authority other than the 3rd respondent to hear the application in MSC(SC)CR 3/2016-17 in accordance with law; and iv. Pass such other and further direction as this Hon’ble Court deems fit and proper in the circumstances of the present case in the interest of justice.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner received the proceeding under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on 16.05.2016 for her appearance on 24.05.2016. The petitioner appeared through counsel and filed list of documents and thereafter, the proceeding in the case was adjourned to 26.05.2016. However, the learned counsel for the parties jointly submitted that on 26.05.2016, the Assistant Commissioner recorded the finding that there is a property dispute and both the parties have been enquired and thereafter, an order was passed on 30.05.2016.
5. Thus, on perusal of the record as well as the statements made by the learned counsel for the parties, it is evident that no enquiry was held by the Assistant Commissioner before passing the impugned order. The impugned order has been passed in violation of the principles of natural justice. The impugned order is therefore, quashed and set aside and the matter is remitted to the Assistant Commissioner. Taking into account the age of the respondent No.1 being 90 years as well as the fact that he is suffering from parkison’s disease, the Assistant Commissioner is directed to conclude the proceeding initiated by respondent No.1 within a period of one month from the date of receipt of certified copy of the order passed today. The parties shall undertake to appear before the Assistant Commissioner on 18.02.2019. Needless to state that it will be open to the parties to raise all contentions as may be permissible to them under the law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV