Disposed

Smt. Jayamma v. State of Karnataka

Karnataka HC5 Feb 2024WP/2829/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 to quash the Tribunal's order and direct the Appellate Tribunal to dispose of her appeal within three months regarding maintenance under the MPSC Act, 2007. The Court directed the Deputy Commissioner to dispose of the pending appeal within three months.

What did the court decide?

Directed the Deputy Commissioner to dispose of the pending appeal within three months from receipt of the order.

Smt. Jayamma Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:4821 WP No. 2829 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2829 OF 2024 (GM-RES)

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BETWEEN:

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SMT. JAYAMMA, W/O MUNINARASAIAH, AGED ABOUT 71 YEARS, R/AT DODDAMALALAVADI VILLAGE, KOTTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 120, MOBILE - 8722430911, AADHAAR: 377836841556.

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…PETITIONER

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(BY SRI. RAMESH NAIK L., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, 3RD GATE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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DEPUTY COMMISSIONER AND THE PRESIDENT APPELLATE TRIBUNAL FOR THE MAINTENANCE AND WELFARE OF THE PARENTS AND SENIOR CITIZENS

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NC: 2024:KHC:4821 WP No. 2829 of 2024

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ACT, 2007, DC OFFICE, MINI VIDHANA SOUDHA, TUMKUR - 572 101.

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ASSISTANT COMMISSIONER AND THE PRESIDENT TRIBUNAL FOR THE MAINTENANCE AND WELFARE OF THE PARENTS AND SENIOR CITIZENS ACT, 2007. OFFICE OF THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION, DC OFFICE, MINI VIDHANA SOUDHA, TUMKUR - 572 101.

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SMT. M. PADMAVATHI, W/O M.H. SHIVANNA, D/O SMT. JAYAMMA, AGED ABOUT 46 YEARS, R/AT THOVINAKERE VILLAGE, CHANNARAYANADURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572 138, MOBILE - 9449586090, AADHAAR: 663876043914.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE IMPUGNED ORDER DATED 08/01/2024 (ANNEXURE-C) PASSED BY THE R3 TRIBUNAL AND DIRECT THE R2 APPELLATE TRIBUNAL TO DECIDE THE CASE OF THE PETITIONER UNDER SECTION 23 OF THE MAINTENANCE AND WELFARE OF THE PARENTS AND SENIOR CITIZENS ACT, 2007 CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC.

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NC: 2024:KHC:4821 WP No. 2829 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following prayer:

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"1. Issue a writ of certiorari to quash the impugned order dated 08/01/2024 (Annexure-C) passed by the Respondent No.3-Tribunal and direct the Respondent No.2-Appellate Tribunal to decide the case of the Petitioner under section 23 of The Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 considering the facts and circumstances of the case.

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2. Direct the Respndent No.4-M.Padmavathi, the third daughter of the Petitioner to pay a monthly expense of Rs.30,000/-(Thirty Thousands only) to meet their food, shelter, medical and other miscellaneous expenses.

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3. Pass such other order or orders as this Hon'ble High Court deems fit to grant in the facts and circumstances of the case, so as to meet the ends of justice and equity."

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The petitioner submits that she has preferred an

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appeal against the order of the original authority and the appeal is pending consideration without it being taken up for its disposal.

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In the light of the prayer that is sought for disposal

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of the appeal within a timeframe and it being innocuous, I

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4 - NC: 2024:KHC:4821 WP No. 2829 of 2024

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deem it appropriate to direct the Deputy Commissioner before

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whom the appeal is pending to dispose the appeal within three months from the date of receipt of a copy of this order, if not earlier in accordance with law

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Ordered accordingly.

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With the aforesaid observations, the petition stands disposed.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 93 CT:SNN

Smt. Jayamma v. State of Karnataka

Case brief

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Smt. Jayamma v. State of Karnataka

Case brief

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