Karnataka High Court
Dr. B. R. Chandrashekar S/O. Late ... vs The Presiding Officer on 4 March, 2022
Bench: Suraj Govindaraj
:1: W.P.No.100274/2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.100274/2021 (GM-RES)
BETWEEN
DR. B. R. CHANDRASHEKAR
S/O. LATE DR. B. S. RUDRAPPA
AGE: 46 YEARS, OCC: DOCTOR,
R/O. 'SRI SHARANA' 16TH WARD,
BASAWSHWARA BADAVANE HOSAPETE
TQ HOSAPETE
DIST: BALLARI-583201.
...PETITIONER
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV.)
AND
1. THE PRESIDING OFFICER
MAINTENANCE AND WELFARE
OF SENIOR CITIZEN
TRIBUNAL AND ASSISTANT COMMISSIONER
HOSAPETE SUB- DIVISION
HOSAPETE
DIST: BALLARI-583201.
2. THE TAHSILDAR
HOSAPETE
DIST: BALLARI-583201.
3. SMT. B. R. SHANTHALA
W/O LATE DR. B.S. RUDRAPPA
AGE: 68 YEARS,
:2: W.P.No.100274/2021
OCC: HOME MAKER
R/O. DOOR NO. 356, 15TH WARD
GOVERNMENT SCHOOL ROAD AND
HP GAS GODOWN ROAD,
AMARAVATHI, HOSAPETE
DIST: BALLARI-583201.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 21.10.2020 BEARING
NO.SUM.KUM:HI:NAA:APPEAL:06/2019-20, PASSED BY
THE RESPONDENT NO.1 PRODUCED AS ANNEXURE-D.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
(a) A writ in the nature of certiorari or any other
writ or order or direction quashing the order
dated 21.10.2020 bearing No.sum.Kum: Hi :
Naa: Appeal : 06/2019-20, passed by the
respondent No.1 produced as Annexure D.
(b) Such other writ or order or direction as
deemed fit under the facts and circumstances
of the case including an order for cost may
kingly be passed.
:3: W.P.No.100274/2021
2. The proceedings in Appeal No.06/2019-20 has
been filed by respondent No.3 - mother of the
petitioner under Section 5 of the Maintenance
and Welfare of Parents and Senior Citizens Act,
2007 (for short, 'the Act') against the petitioner
and his wife to evict them from the ground floor
of the property said to have been belonging to
respondent No.3. While in the impugned order
dated 21.10.2020, the same came to be allowed.
3. Learned counsel for the respondent No.3 has
filed a memo along with the decision of this
Court in Writ Petition No.147056/2020
contending that the above petition is not
maintainable and that the petitioner ought to
approach the appellate authority under Section
16 of the said Act.
On perusal of the aforesaid Judgment, it
indicates that this Court has categorically held that the
writ petition is not maintainable and the statutory
:4: W.P.No.100274/2021
alternate remedy ought to be availed in a similar said
situation.
In view of above, I pass the following:
ORDER
(i) The above petition is dismissed as not
maintainable.
(ii) Liberty is reserved to the petitioner to avail
alternate remedy under Section 16 of the
Maintenance and Welfare of Parents and
Senior Citizens Act, 2007.
(iii) Interim order earlier granted is extended
till the disposal of the appeal proposed to
be availed, provided the appeal is filed
within 15 days from today.
(iv) The appellate authority is also directed to
dispose of the said appeal as expediously
:5: W.P.No.100274/2021
as possible within a period of 30 days from
the date of the receipt of the appeal.
(v) All contentions are kept open.
Sd/-
JUDGE
RH
