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2019 Supreme(J&K) 529

RASHID ALI DAR
Suresh Gupta – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Gupta
For the Respondent: Sudesh Magotra, Vishal Bharti

JUDGMENT :

1. Writ of Mandamus is sought in terms of the instant petition for directing the respondent No. 2 to constitute a Mental Health Review Board under Section 73 of Mental Health Care Act, 2017 for disposing of the work assigned under the Act and make necessary follow up in terms of the said statute regarding management of property of the mentally ill persons and also with regard to their care.

2. The petitioner's case, as set out in the petition, is:-

    (i) that he is the husband of Seema Gupta who is not mentally fir as she can't make a rational judgment. She is of unsound mind and can't take decision on her own. She requires somebody to take care of her as well as her moveable and immoveable property on her name;

(ii) that Seema Gupta is owning and possessing one plot of land bearing Plot No. 324 measuring 30x55 duly situated at Sector-No. 3, housing Colony, Channi Himmat, Jammu apart from this plot she is also having saving bank account bearing A/c No. 37658047903 which is being operated in respondent No. 3 bank where her monthly pension is credited;

(iii) that Seema Gupta was a teacher earlier and she took superannuation because of her health issues and her monthly pension is

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