Case Note & Summary
The instant writ petition was filed under Articles 226 and 227 of the Constitution of India by Smt. Soumya, the daughter-in-law of the first respondent Smt. Ratnakumari, challenging an order dated 17.06.2025 passed by the Assistant Commissioner and Authority for Senior Citizens Tribunal, Ballari, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The impugned order directed the petitioner to vacate the premises occupied by her and her children and hand over vacant possession to the first respondent senior citizen. The first respondent had applied to the Assistant Commissioner on 15.04.2025 seeking eviction of the petitioner, who is her daughter-in-law, and cancellation of a gift deed executed in favour of the second respondent (another daughter-in-law) regarding a different house. The background involved the death of the first respondent's son, who was the petitioner's husband, after which relations between the petitioner and the first respondent became strained. The first respondent contended that the petitioner and her children had resided in Andhra Pradesh after her son's death eight years prior and that she was not residing in the premises. The petitioner argued that the Assistant Commissioner lacked jurisdiction to pass an eviction order under Section 23 of the Act. The respondents defended the order, asserting that the Assistant Commissioner possessed such power under the Act in certain circumstances. The court heard detailed submissions from both sides and reserved the matter for orders on 17.10.2025, later pronouncing judgment on 25.11.2025. The text of the judgment provided, however, does not contain the court's analysis, reasoning, or final decision; it only sets out the facts and arguments of counsel. Accordingly, the outcome and ratio decidendi are not discernible from the available excerpt.
Issue of Consideration
Whether the impugned eviction order passed by the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is without jurisdiction.
Case Details
2025 LawText (KAR) (11) 51
WRIT PETITION No.104795 OF 2025 (GM – RES)
Srinivas Naik, Gayatri S.R., V.S. Kalasurmath
Smt. Ratnakumari, Smt. Aruna, The Assistant Commissioner and Authority for Senior Citizens Tribunal Ballari
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an eviction order passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Remedy Sought
The petitioner sought quashing of the order dated 17.06.2025 passed by the Assistant Commissioner and Authority for Senior Citizens Tribunal, Ballari, directing her and her children to vacate the premises and hand over possession to the first respondent.
Filing Reason
The petitioner alleged that the Assistant Commissioner lacked jurisdiction to pass an eviction order under Section 23 of the Act.
Previous Decisions
The Assistant Commissioner on 17.06.2025 directed the petitioner to vacate the premises within 30 days and hand over vacant possession to the first respondent.
Issues
Whether the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to pass an eviction order.
Submissions/Arguments
Petitioner argued that the Assistant Commissioner does not have jurisdiction to pass an eviction order under Section 23 of the Act.
First respondent contended that after the death of the petitioner's husband, relations soured, the petitioner resided elsewhere, and the Assistant Commissioner has the authority to evict in certain circumstances.
Government Advocate defended the order and sought dismissal of the petition.
Judgment Excerpts
the Assistant Commissioner directs the petitioner to vacate the house, which is in possession of the petitioner and her children and hand it over the same to the first respondent
Procedural History
The first respondent filed an application on 15.04.2025 before the Assistant Commissioner seeking eviction and cancellation of a gift deed. The Assistant Commissioner obtained a report and passed the impugned order on 17.06.2025 directing eviction within 30 days. The petitioner filed the instant writ petition challenging that order on the ground of lack of jurisdiction.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 23
- Constitution of India: Articles 226, 227
