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.4156 OF 2019 (GM-RES) BETWEEN SRI. NARASIMHA MURTHY S/O VENKATAPPA AGED ABOUT 50 YEARS R/O LAKKENAHALLY HEBBURU HOBLI TUMKURU TALUK.
(BY SMT. K.R. ROOPA ADV., FOR SRI. L. SRINIVASA BABU, ADV.) AND 1. THE ASSISTANT COMMISSIONER TUMAKURU SUB DIVISION TUMKURU – 572 101.
2. SRI. VENKATAPPA S/O LATE MUDALAAIAH LAKKANEHALLI HEBBURU HOBLI TUMKURU TALUK TUMKURU DISTRICT – 572 102.
(BY SRI. H.B. GURUKIRAN, ADV. FOR C/R2) …PETITIONER …RESPONDENTS SRI. SUNIL KUMAR P. BANGARI, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 05.01.2019 PASSED BY THE ASSISTANT COMMISSIONER, TUMAKURU, A COPY OF WHICH IS PRODUCED AT ANNEXURE-E AND DIRECT THE ASSISTANT COMMISSIONER NOT VACATE THE HOUSE OF THE PETITIONER IN KHATHA BEARING NO.152500903800700266 AND 77/1 SITUATED AT LAKKENAHALLI, NAGAVALLI GRAMAPANCHAYATH, HEBBUR HOBLI, TUMKUR TALUK & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.K.R.Roopa, learned counsel for Sri. L. Srinivasa Babu the petitioners.
Mr.H.B.Gurukiran, learned counsel for caveator/respondent No.2.
Mr. Sunil Kumar .P. Bangari, learned counsel for respondent No.2 2. In this petition, the petitioner has assailed the validity of the order dated 05.01.2019 passed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by the tribunal by which petitioner has been directed to vacate the premises belonging to respondent No.2. This Court by a detailed order passed today has decided the similar issue. For the reasons assigned by this Court in the order dated 13.02.2019 passed in W.P.No.1171/2019, the writ petition is dismissed.
Sd/- JUDGE SS