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IN THE HIGH COURT OF JUDICDATURE FOR THE STATE OF TELANGANA AT HYDERABAD
A. Rajasheker Reddy, J.
H. Deepika - Appellant
Versus
Mainteance Welfare of Parents And Others - Respondents
W.P. No. 5125 of 2017
Decided On : 05-03-2020
Constitution of India, Article 226 - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Confirmation of order passed by the Chairman, Maintenance and welfare of Parents and Senior Citizens tribunal, Karimnagar/RDO, Karimnagar Division, Dt.27.08.2016 and accordingly the appeal is dismissed and the appellant is hereby directed to comply with the orders of the Chairman, Maintenance and Welfare of Parents and Senior Citizens Tribunal, Karimnagar / RDO, Karimnagar Division, Dt.27.08.2016 otherwise the necessary action will be initiated as per law – Challenged – Held, appellate authority failed to record reasons while confirming the order of the primary authority, and this amounts to violation of principles of natural justice. In normal circumstances, this court would have remanded the matter to the appellate authority to pass orders afresh after giving opportunity to both the parties and by recording cogent and convincing reasons. But having regard to the facts and circumstances of the case, which are discussed above, this court found that though reasons are not recorded, the conclusion arrived at by the appellate authority, is just and proper. Further, this court is of the view that if this glaring anomaly is sought to be rectified by way of remand, it would amount to erasing the justice in the name of correcting the error of law, which this court is not inclined to undertake, having regard to the present facts and circumstances of the case – Extraordinary jurisdiction conferred on this court under Article 226 of the Constitution of India, is discretionary in nature and even if case is made out, still the court has discretion not to entertain the writ petition – Petition dismissed (Paras 44,45 and 46)
Finding of the Court:
appellate authority failed to record reasons while confirming the order of the primary authority, and this amounts to violation of principles of natural justice. In normal circumstances, this court would have remanded the matter to the appellate authority to pass orders afresh after giving opportunity to both the parties and by recording cogent and convincing reasons. But having regard to the facts and circumstances of the case, which are discussed above, this court found that though reasons are not recorded, the conclusion arrived at by the appellate authority, is just and proper. Further, this court is of the view that if this glaring anomaly is sought to be rectified by way of remand, it would amount to erasing the justice in the name of correcting the error of law, which this court is not inclined to undertake, having regard to the present facts and circumstances of the case – Extraordinary jurisdiction conferred on this court under Article 226 of the Constitution of India, is discretionary in nature and even if case is made out, still the court has discretion not to entertain the writ petition
Result: Petition dismissed
ORDER :
Petitioner herein is the daughter-in-law of respondents 3 and 4. Respondents 3 and 4 filed application before the 2nd respondent – Maintenance and Welfare of Parents and Senior Citizens Tribunal – cum – Revenue Divisional Officer, Karimnagar, under Chapter V of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) stating that their daughter-in-law harassed them, both physically and mentally, and evicted them from one of the portions of their house, and hence requested for handing over the possession of the subject house. The 2nd respondent passed the following order vide Proceedings No.M/2639/2016 dated 27.08.2016:
It is directed to handover the house bearing H.No.8-6-119/2, Kothirampur, Karimnagar and house documents to H.Bhagya Rekha, w/o Rameshwar Rao by Smt. Deepika Krishna, w/o H.Sandeep.
As per the orders, if any violation of orders by Smt. Deepika Krishna, w/o H.Sandeep or any kind of ill-treatment made against the applicant they will be prosecuted as per Section 2(9) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
In this connection, it is directed the Tahsildar, Karimnagar and Circle Inspector of Police, I town Police Station to provide protection to smt. Bhagya Rekha, w/o Rameshwar Rao and handover the documents bearing H.No.8-6-119/2, Kothirampur, Karimnagar from Deepika Krishna, w/o H.Sandeep. It is directed that if not satisfied with this order the same can be settled before District Legal Services Authority, Karimnagar.”
Aggrieved by the above order passed by the 2nd respondent, petitioner filed appeal, before the 1st respondent – Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal, represented by its Chairman, District Collector, Karimnagar. The 1st respondent, vide proceedings No.A3/707/1/2015-16 dated 01.02.2017, passed the following order:
Challenging the above order, the petitioner, who is the daughter-in-law of respondents 3 and 4, filed the present writ petition.
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