Sri Chikkanarasimharaju T B v. The Special Deputy Commissoner I

NC:(2026:KHC:21023( WP(No.(24979(of(2025( ( , ,,HC-KAR( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

THDATED THIS THE 16 DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.24979 OF 2025 (GM-RES) BETWEEN:

SRI CHIKKANARASIMHARAJU T B S/O LATE T N BASATTEPPA AGED ABOUT 81 YEARS R/AT NO.303, SUNSHINE APARTMENTS EAST END 'D' MAIN ROAD TH JAYANAGAR 9 BLOCK, BENGALURU – 560 069. …PETITIONER (BY SRI. VISHNU HEGDE, ADVOCATE) AND:

¶1THE SPECIAL DEPUTY COMMISSONER – I BENGALURU URBAN DISTRICT KG ROAD, BANGALORE – 560 001.

¶2THE ASSISTANT COMMISSIONER Digitally WELFARE OF PARENTS AND SENIOR CITIZENS signedtiby CHANDANA BENGALURU NORTH SUB-DIVISION B0M BENGALURU – 560 009.

Location: High0Courttiof 3. SRI HARSHA T C Karnataka S/O CHIKKANARASIMHARAJU T B AGED ABOUT 43 YEARS R/AT NO.622, ITI LAYOUT TH 10 CROSS, MALATHAHALLI NAGARABHAVI, BENGALURU – 560 056. …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR C/R-3 SRI. SPOORTHY HEGDE, AGA FOR R-1 & R-2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY

SETTING ASIDE THE IMPUGNED ORDER DATED 15/07/2025 IN MAG/4/SC-CR/48/2024-25 PASSED BY THE 1ST RESPONDENT I.E., ANNEXURE-A AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following relief:

"Issue a writ of certiorari by setting aside the impugned order dated 15.07.2025 in MAG/4/SC-CR/48/2024-25 passed by the 1st Respondent i.e., Annexure-A and grant such other relief as this Hon'ble Court deems fit in the interest of justice and equity."

¶2Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record.

¶3The brief facts giving rise to the present petition are as under: The petitioner is the father of respondent No.3, who initiated proceedings before respondent No.2 – Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, seeking cancellation of the Gift Deed dated 21.10.2020 and for

other reliefs. The said petition filed by the petitioner before respondent No.2 – Assistant Commissioner / Tribunal was allowed by respondent No.2 – Assistant Commissioner vide Order dated

10.05.2022. Aggrieved by the said order, respondent No.3 preferred an appeal before respondent No.1 – Deputy Commissioner, who allowed the said appeal and set aside the order of respondent No.2 – Assistant Commissioner. Aggrieved by the impugned order at Annexure – A dated 15.07.2025 passed by respondent No.1 – Deputy Commissioner allowing the appeal filed by respondent No.3, the petitioner is before this Court by way of the present petition.

¶4Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that an appeal at the instance of respondent No.3 against an order passed by the respondent No.2 is held to be not maintainable before respondent No.1 – Deputy Commissioner / Appellate Authority by the Hon'ble Division Bench of this Court in the case of Sri. K. Lokesh Vs. The Bangalore District Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal and Special Deputy Commissioner – and others –

W.A.No.254/2024 dated 20.12.2024, without expressing any opinion on the merits / demerits of the rival contentions, to enable the Assistant Commissioner to reconsider the matter afresh and in accordance with law, I deem it just and appropriate to set aside the Order at Annexure – A passed by the Deputy Commissioner and the Order at Annexure – G passed by the Assistant Commissioner and remit the matter back to respondent No.2 for reconsideration afresh, in accordance with law by issuing certain directions.

¶5In the result, I pass the following: ORDER

(i) The petition is hereby allowed.

(ii) The impugned order at Annexure A dated 15.07.2025 passed by the respondent No.1 and the order at Annexure – G dated 10.05.2022 passed by the respondent No.2 are hereby set aside.

(iii) Matter is remitted back to respondent No.2 for reconsideration afresh in accordance with law.

(iv) Petitioner and respondent No.3 shall appear before respondent No.2 on 27.04.2026 without awaiting further notice from respondent No.2.

(v) Liberty is reserved in favour of both parties to file their pleadings, objections, documents, etc., before respondent No.2, who shall consider the same and provide sufficient and reasonable opportunity to the petitioner and hear them and thereafter proceed further and take appropriate decision / pass appropriate orders, in accordance with law, within a period of two months from

27.04.2026.

Sd/- (S.R.KRISHNA KUMAR) JUDGE

SV List No.: 2 Sl No.: 4