IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.12698-12699 OF 2019 (GM - RES) BETWEEN:
1. SHRI. TAHER WAHID S/O LATE SSHRI H.A.WAHID AGED ABOUT 73 YEARS 2. SMT. MUNIRA WAHID W/O SHSRI TAHER WAHID AGED ABOUT 67 YEARS BOTH ARE RESIDENTS OF NO.14 & 15, I CROSS I MAIN, J.C.NAGAR JAYAMAHAL EXTENSION BENGALURU – 560 046.
... PETITIONERS (BY SRI SHANMUKHAPPA, ADVOCATE) AND :
1. THE ASSISTANT COMMISSIONER AND EXECUTIVE MAGISTRATE BENGALURU NORTH SUB – DIVISION MAINTENANCE AND WELFARE OF PARENTS & SENIOR CITIZENS TRIBUNAL BENGALURU – 560 065.
2. SHRI FAIZAN TAHIR S/O SHRI TAHIR WAHID AGED ABOUT 42 YEARS R/O NO.14 & 15, 1ST CROSS I MAIN, J.C.NAGAR JAYAMAHAL EXTENSION BENGALURU – 560 046.
... RESPONDENTS (BY SRI Y.D.HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.12.2018 PASSED BY THE R-1 VIDE ANNEXURE – A AND ETC., - - -
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioners fairly submit that against the order dated 21.12.2018, an appeal lies under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act’ for short) and petitioners be granted liberty to file an appeal under Section 16 of the Act before the Deputy Commissioner.
2. In view of the aforesaid submission, writ petitions are disposed of with liberty to the petitioners to file an appeal against the order dated 21.12.2018 under Section 16 of the Act before the Deputy Commissioner.
3. Needless to state that in case the petitioners file an appeal within a period of one week from the date of receipt of certified copy of the order passed today, the Appellate Authority shall invoke the principles contained in Section 14 of the Limitation Act, 1963 and shall decide the appeal preferred by the petitioners expeditiously preferably within a period of four weeks from the date of filing of such an appeal by bearing in mind the statutory mandate contained in Section 16(6) of the Act.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE VMB