IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.46991-46992 OF 2017 (GM - RES) Between:
1. Sri.K.Reddy Ram Mohan, S/o late Krishna Murthy, Aged about 53 years.
2. Smt. Latha Bai C., W/o K.Reddy Ram Mohan, Aged about 43 years, Both are R/at No.3609, 9th Ward, Maruthi Extension, Near G.P.M. Building, Malur, Kolar District – 563 130.
(By Sri.Nanjunda Gowda M.R., Adv.) And:
1. The Assistant Commissioner, Kolar Division, Kolar – 563 101.
2. The Deputy Commissioner, Kolar Division, Kolar District – 563 101.
3. Smt. Radha Bai, W/o late Sri.Krishna Murthy, … Petitioners Aged about 78 years, Residing Near Marikamba Temple, Keelukote, Kolar – 563 101.
… Respondents (By Sri.Y.D.Harsha, AGA for R1 & R2;
Sri.V.Narayanaswamy, Adv., for R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order Annexure – A dated 16.12.2016 passed by R-1 in Case No.ADM/CR.55/2016-17 and set aside the impugned order of the R2 dated 19.07.2017 passed in Case No.ADM/R.1338/2016-17 vide Annexure –B and reject the application filed by the R-3 before the R-1 and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri.Nanjunda Gowda M.R, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri.V.Narayanaswamy, learned counsel for respondent No.3.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek for a writ of certiorari for quashment of order dated 16.12.2016 passed by the Assistant Commissioner, Kolar under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the ‘Act’ for short). The petitioner also seeks for quashment of order dated 19.07.2017 passed by the Deputy Commissioner, Kolar.
3. At the outset, learned counsel for the petitioners submitted that respondent Nos.1 and 2 have failed to appreciate that the Sale Deed was executed in favour of the petitioners on 05.05.2000 and the Act came into force with effect from 04.01.2008 in the State of Karnataka and therefore, the provisions of the Act do not have any respective application.
4. On the other hand, learned counsel for respondent No.3 submitted that thereafter, the petitioners had executed a Relinquishment Deed on 22.08.2015 in favour of respondent No.3. However, the aforesaid aspect of the matter has not been considered by respondent Nos.1 and 2.
5. The aforesaid submission has not been fairly disputed by learned counsel for the petitioners.
6. I have considered the submissions made by learned counsel for the parties. In view of the admitted fact that the effect of Relinquishment Deed dated 22.08.2015 executed by the petitioners has neither been considered by respondent No.1 nor by respondent No.2, the impugned orders, in the fact situation of the case, are hereby quashed and the matter is remitted to respondent No.1 to adjudicate all the issues between the parties afresh by a speaking order expeditiously in accordance with law preferably within a period of three months from the date of receipt of the certified copy of the order passed today.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-