K. SRINIVAS GANIGA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is before this Court seeking a declaration to declare Sec. 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act' for short), to be unconstitutional and has further sought quashment of an order dtd. 21/2/2023 passed by the Deputy Commissioner denying representation of the petitioner by an Advocate in the appeal proceedings before the Deputy Commissioner.

(2.) Facts, in brief, germane are as follows:- The petitioner purchases a property situated at Puttur Village, Udupi District in the years 1972 and 2003. At that point in time the petitioner was residing with his son/the 3rd respondent. It is the allegation that respondents 3 and 4 transferred the property owned by the petitioner to their names and thereafter the 3rd respondent began to torture the petitioner, both physically and mentally. After coming into force of the Act, the petitioner knocked at the doors of the Assistant Commissioner invoking the provisions of the Act seeking restoration of property to his name alleging that the settlement deed dtd. 26/11/2014 is fraudulently made by respondents 3 and 4/children of the petitioner.

(3.) The Assistant Commissioner by his order dtd. 22/12/2022 allows the petition in part, directs that the petitioner and his wife should not be disturbed from the property and they will remain in the property till their life time and their needs also should be taken care of by the children. The petitioner then calls the order of the Assistant Commissioner in question before the Deputy Commissioner by filing an appeal under the Act through a legal practitioner. The Deputy Commissioner in terms of endorsement dtd. 21/2/2023 rejected the request of the petitioner on the ground that Sec. 17 of the Act prohibits representation of legal practitioner before the Assistant Commissioner or the Deputy Commissioner in the original proceedings or in the appeal proceedings.