Karnataka High Court
Sri.Boregowda @ Chandregowda vs The Assistant Commissioner on 26 July, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:29525
WP No. 550 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 550 OF 2023 (GM-RES)
BETWEEN:
1. SRI.BOREGOWDA @ CHANDREGOWDA
S/O LATE NINGEGOWDA
AGED ABOUT 60 YEARS,
2. SRI. MUDDEGOWDA
S/O LATE NINGEGOWDA
AGED ABOUT 55 YEARS,
BOTH R/AT
LALANAKERE VILLAGE
BINDIGANAVILE HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT- 571 802.
...PETITIONERS
(BY SRI.C.R.GOPALSWAMY, SR. COUNSEL FOR
KUM. NANDINI, ADVOCATE)
Digitally signed
by SHARADA
VANI B AND:
Location: HIGH 1. THE ASSISTANT COMMISSIONER
COURT OF
KARNATAKA AND PRESIDING OFFICER
THE MAINTENANCE
AND WELFARE OF PARENTS
AND SENIOR CITIZENS TRIBUNAL
PANDAVAPURA SUB-DIVISION
MANDYA DISTRICT- 571 434.
2. THE TAHSILDAR
NAGAMANGALA TALUK
NAGAMANGALA
MANDYA DISTRICT- 571 432.
-2-
NC: 2024:KHC:29525
WP No. 550 of 2023
3. SMT. PARVATHAMMA
W/O. LATE NINGEGOWDA
AGED ABOUT 80 YEARS
R/O. BELLUR TOWN
NAGAMANGALA TALUK- 571 418.
(NOTE: NO RELIEF IS SOUGHT AGAINST SMT.
RANGAMMA, HENCE NOT MADE AS A PARTY TO THE
PETITION)
...RESPONDENTS
(BY SRI.K.S.HARISH, GOVT. ADVOCATE FOR R1 AND R2
SRI.H.C. SHIVARAMU, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ANY
ORDER ANNEXURE-C DATED 22.10.2022 PASSED BY R1 VIDE
CASE NO. »Ã.£Á¥ÉÆÃ/¹.Dgï/23/2022-23. GRANT AN INTERIM
ORDER TO STAY THE IMPUGNED ORDER ANNEXURE-C DATED
22.10.2022 PASSED BY THE R1 VIDE CASE.NO. 23/2022-23
AND ALL PROCEEDINGS EXECUTED IN FURTHERANCE OF
IMPUGNED ORDER.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
ORAL ORDER
This Petition seeks to call in question the order dated
27.11.2022 passed by the first Respondent - Assistant
Commissioner at Annexure-C under the provisions of
NC: 2024:KHC:29525
Maintenance and Welfare of Parents and Senior Citizens Act,
2007. The operative portion of the same reads as under:
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2. After service of notice, the official respondents are
represented by the learned AGA and the private Respondent
No.3 who happens to be the senior citizen speaks through her
private counsel. It is truly appreciable that learned advocates
appearing for the private parties stood tall and fair in this
proceeding. The impugned order was stayed by a Co-ordinate
Bench of this court on 10.01.2023. Later, an order came to be
passed by this court on 01.08.2023 which reads as under:
"Learned counsel for the 3rd Respondent
points out from paragraph No.5 of the Written
Statement filed by the Petitioners being the
defendants in O.S.No.242/2019 as to they
having undertaken to pay Rs.10,000/- and two
quintals of Ragi per annum. The 3rd Respondent
happens to be the plaintiff in the said suit. When
NC: 2024:KHC:29525
this was drawn to the attention of learned
counsel for the Petitioners, he seeks time.
Call this matter on 17.08.2023 for Further
Hearing.
Petitioners are directed to accommodate
the third Respondent - mother who is in the late
evening of her life and does not have mobility as
well, till next date of hearing.
Bindiganavile Police, Nagamangala Taluka
are directed to ensure that this order is
implemented, if necessary by arrest & detention
of both the Petitioners should they come in the
way.
Interim order granted earlier is extended till
next date of hearing, subject to complying
today's order".
3. Subsequently, matter was heard for some time and a
consensual order came to be passed on 19.06.2024 as under:
"Learned counsel appearing for the
respondent No.3-step mother complains that the
amount fixed by this court in terms of order
dated 1.8.2023 i.e., Rs.10,000/- per annum is
too frugal to be mentioned and therefore, the
same needs to be upwardly revised to
Rs.15,000/-.
Learned counsel appearing for the
petitioners per contra vehemently opposes any
modification of the order contending that, it was
passed after hearing the parties and that there is
no change of circumstances warranting variation.
However, in all fairness, he agrees that some
upward revision may be made in a small
NC: 2024:KHC:29525
measure, say Rs.2,000/- or Rs.3,000/- per
month. He also mentions about the interference
of the Respondent No.3 in the properties
comprised in the subject partition suit and
therefore, she should be warned not to do it.
Having heard the learned counsel for the
parties and having perused the case papers, I
am of the considered opinion that in these days,
when bread is costlier than blood, a sum of
Rs.10,000/- (Rupees Ten Thousand) only per
year is too frugal a sum, to say the least and
therefore, it needs to be revised to Rs.6,000/-
(Rupees Six Thousand) only per month which is
roughly one half of the notified living wages in
the State, if not less.
The above amount shall be payable with
effect from 1.6.2024 and such payment should
be made on or before 5th day of every calendar
month. This is in addition to giving two quintals
of raagi per annum, as already directed. The
petitioners are put to warning that should they
fail to comply with this order, the petition is
liable to be dismissed on that ground alone.
At the same time, the counsel for
respondent No.3 on instruction of his client
undertakes that she will not interfere with the
properties in question or their records except in
accordance with the order that may be obtained
in the pending suit. The change of entries
effected pursuant to impugned order shall be
kept in suspended animation. However, the
properties shall not be alienated or encumbered
by the petitioners. The request of
accommodation made by the counsel for
respondent No.3 would be considered on the
next date of hearing. In the meanwhile,
jurisdictional Police to submit the report about
NC: 2024:KHC:29525
compliance of order dated 01.08.2023 so far it
relates to arranging accommodation to
Respondent No.3 in the subject building itself.
Call this matter for further hearing on
12.07.2024.
Interim order granted earlier to continue,
till next date of hearing".
4. Learned AGA appearing for the official respondents
submits that the interim orders made by this Court have been
scrupulously implemented by the jurisdictional police as
directed and an affidavit of compliance is also filed this day.
Concerned Police Officer is personally present and assures the
court of the continuous implementation of the arrangement
devised in the order dated 12.07.2024. Learned counsel for
the petitioners also assures that should this matter be disposed
off, the said arrangement shall be scrupulously observed
pending disposal of the partition suit in O.S.No.242/2019
pending on the file of learned Civil Judge, Nagamangala.
Learned counsel appearing for the private respondents
graciously agrees with the same and prays that a direction be
issued for the expeditious of the said suit. In view of all this
much of the lis has withered away.
In view of the above, this Petition is conditionally
allowed; a Writ of Certiorari issues quashing the impugned
NC: 2024:KHC:29525
order made by the Assistant Commissioner. As a consequence
whatever entries have been mutated in the property records by
virtue of the said order shall be restored as they were earlier,
within eight weeks, on the production of a copy of this
judgment.
The provisional arrangement as recorded in the order
dated 19.06.2024 during & subject to outcome of the partition
suit in O.S.No.242/2019, failing which petitioners run the risk
of contempt action, apart from the revival of impugned order.
It hardly needs to be stated that the rights of the parties
shall be determined in the pending suit without being
influenced by the observations made hereinabove. In that
connection, all contentions of the parties are kept open.
Learned Judge of the court below is requested to try & dispose
off the suit preferably within an outer limit of one year.
This Court appreciates the presence & participation of
jurisdictional Sub-Inspector of Police, Mr. Rajendra J. Registry
is directed to share a copy of this order with the learned Police
Officer for his Service Dossier.
Sd/-
JUDGE
BSV
