Petitioner challenged orders for maintenance to parents, arguing eviction from property; court dismissed writ as petitioner lacked property interest.
The writ petition is dismissed as the petitioner had no right, title or interest over the properties concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 - NC: 2023:KHC-D:13079 WP No. 102652 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 102652 OF 2023 (GM-RES)
BETWEEN:
SRI RAGHVENDRA S/O. VISHNUSA HABIB, AGE: 36 YEARS, OCC: AUTO RIXA DRIVER, R/O. HOUSE NO.201, KOTILING NAGAR, NEAR HIREGOUDAR HOSPITAL, WHITE WOOD APARTMENT, GOKUL ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
…PETITIONER
(BY SRI M.C. HUKKERI, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1 & R2; SRI SANGRAM S. KULKARNI, ADV. FOR R3; R4, R5, R6 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH OTHER WRIT OR DIRECTION TO QUASH THE IMPUNGED ORDER PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DHARWAD BEARING IN SANKHE:MWPSCA/MELMANAVI/V H1/25/2022-23 DATED 23.03.2023 VIDE ANNEXURE-E, AND ALSO QUASH THE ORDER PASSED BY THE SUB-DIVISIONAL OFFICER, DHARWAD AND IN THE COURT OF PRESIDENT SENIOR CITIZEN WELFARE AND DEVELOPMENT TRIBUNAL DHARWAD BEARING NO. KRA.MWPSCA/CR/4/2022-23 DATED 27.07.2022, VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the orders passed by respondent No.2 at Annexure-B dated 27.07.2022 and respondent No.1 at Annexure-E dated 23.03.2023, the appellant before respondent No.1 is before this Court. Respondent No.3 are the parents of petitioner and respondents No.4, 5 and 6 are the siblings.
prayer to deliver them the aforementioned properties and
the same has been allowed.
dismissed.
Sd/JUDGE
gab/ct-mck
List No.: 1 Sl No.: 9
3 issues framed by the court
Whether the writ petition challenging the order mandating petitioner to provide maintenance to parents should be allowed or dismissed based on the petitioner's lack of title over the properties.
What is the legal position of children regarding maintenance of parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
Does the petitioner have any right, title, or interest in the properties alleged to be held by the parents?
3 provisions across 2 enactments
Sri Raghvendra S/o. Vishnusa Habib
The Deputy Commissioner, Dharwad District
The Assistant Commissioner, Hubballi
Sri Vishnusa S/o. Pursottamsa Habib and Pramila w/o. Vishnu Habib
Sri Shrinivas S/o. Vishnusa Habib
Sri Vajrakumar S/o. Vishnusa Habib
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
