IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.1562 OF 2018 (GM-RES) BETWEEN:
SRI C.ASHWATH RAJ URS S/O LATE G.K.CHANNA RAJ URS, AGED ABOUT 65 YEARS, R/A NO 324, 58TH CROSS, 3RD BLOCK, RAJAJINAGAR, BENGALURU – 560 010. ...PETITIONER (BY SRI K.V.NARASIMHAN, ADVOCATE) AND:
1. SRI SURESH RAJ URS S/O LATE G.K.CHANNA RAJ URS, AGED ABOUT 49 YEARS, R/AT NO 1626, 2ND CROSS, BINNY LAYOUT, OPPOSITE CHANDRA LAYOUT, WATER TANK, VIJAYANAGAR BENGALURU - 560040 2. SMT.GEETHANJALI W/O RAMACHANDRA RAJ URS AGED ABOUT 68 YEARS R/AT NO 324, 58TH CROSS, 3RD BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
3. SMT NALINI W/O INDRA RAJ URS, AGED ABOUT 59 YEARS R/AT NO 20, 2ND STAGE, 2ND PHASE, WEST OF CHORD ROAD, BEHIND YASHSWI TUTORIALS, MAHALAKSHMIPURAM, BENGALURU – 560 086.
4. SRI C MOHAN S/O LATE CHANNA RAJ URS, AGED ABOUT 62 YEARS, R/AT NO 25, RAILWAY PARALLEL ROAD, NEHARU NAGAR, SHESHADRIPURAM, BENGALURU – 560 020 5. SRI NANJA RAJ URS S/O KRISHNE URS AGED ABOUT 56 YEARS, R/AT NO.109, 12TH ‘B’ CROSS, 20TH MAIN, 2ND PHASE, J.P.NAGAR, BENGALURU – 560 078.
6. MISS N SINDHU D/O NANJA RAJ URS, AGED ABOUT 29 YEARS, R/AT NO.109, 12TH ‘B’ CROSS, 20TH MAIN, 2ND PHASE, J.P.NAGAR, BENGALURU – 560 078.
7. MASTER VADIRAJ AGED ABOUT 17 YEARS MINOR REPRESENTED BY HIS FATHER NATURAL GUARDIAN SRI NANJA RAJ URS, R/AT NO.109, 12TH ‘B’ CROSS, 20TH MAIN, 2ND PHASE, J.P.NAGAR, BENGALURU – 560 078.
8. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION 2ND FLOOR, KANDAYA BHAVAN, BENGALURU – 560 009. ...RESPONDENTS (BY SRI GOPINATH.K.R., ADVOCATE FOR R2 & R4; SRI Y.D.HARSHA, AGA FOR R8;
R1, 3 & 5 are served and unrepresented; R7 minor represented by R5;
Notice to R6 is held sufficient v/o dated 22.05.2018) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-J DATED 20.04.2016 ISSUED BY R-8.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.V.Narasimhan, learned Counsel for the petitioner. Sri.Gopinath.K.R., learned counsel for Respondents No.2 and 4. Sri.Y.D.Harsha, Additional Government Advocate for Respondent No.8.
2. 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, petitioner interalia seeks a writ of certiorari, quashing the order dated 20.04.2016 passed by the Assistant Commissioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
4. When the matter is taken up today, learned counsel for the petitioner has raised a substantial contention that the impugned order is passed without affording any opportunity to the petitioner. It is further submitted that no notice of the proceedings pending before the Assistant Commissioner has been served on the petitioner.
5. The aforesaid aspect is not disputed by the learned Additional Government Advocate who appears for Respondent No.8. Learned counsel for Respondents No.2 and 4 were also unable to point out from the records, whether any notice of the proceedings initiated before the Assistant Commissioner has been served on the petitioner.
6. Thus, I have considered the submission made by the learned counsel for the parties and have perused the records.
7. From the perusal of the records, it is evident that notice with regard to the proceedings before the Assistant Commissioner has not been served on the petitioner. The impugned order is perse without jurisdiction as the same has been passed in utter violation of the principles of natural justice. The same cannot be sustained in the eye of law. Accordingly, the impugned order is quashed and the matter is remitted to the Assistant Commissioner to deal afresh.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, this writ petition is disposed of.
Sd/- JUDGE dh