IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18181 OF 2022 (GM-RES)

BETWEEN:

SMT. GEETHA W/O BASAVARAJAPPA B.J.

AGED ABOUT 47 YEARS NO.111 MAIN ROAD, DODDAMALLAPURA POST, SANTHEBENNUR HOBLI, CHANNAGIRI TALUK, DAVANAGERE - 577 218.

…PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001.

Digitally signed by ARUNKUMAR M S

2. THE ASSISTANT COMMISSIONER Location: HIGH COURT OF HONNALI SUB-DIVISION, KARNATAKA CHANNAGIRI TALUK, DAVANAGERE - 577 218. 3. SMT. PARVATHAMMA W/O LATE M.B. RUDRAPPA, AGED ABOUT 89 YEARS, SANTHEBENNUR HOBLI, CHANNAGIRI TALUK, DAVANGERE - 577 218.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 AND R2 SRI. H.B. CHANDRASHEKAR, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS PENDING ON THE FILE OF THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION UNDER THE PROVISIONS OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 VIDE ANNEXURE-F IN PURSUANT TO COMPLAINT DATED 01^ST AUGUST, 2022 FILED BY THE RESPONDENT NO.3 VIDE ANNEXURE-E; QUASH THE IMPUGNED ORDER DATED 03^RD AUGUST, 2022 PASSED IN PROCEEDINGS VIDE ANNEXURE-F BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION; AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

ORAL ORDER

In this writ petition, the petitioner is challenging the proceedings in Case No.23/2022 before the respondent No.2- Assistant Commissioner and the interim order dated 03^rd August, 2022 (Annexure-F) passed by the respondent No.2, directing the petitioner to appear for enquiry in the said proceedings.

2. Heard Sri. P.P. Hegde, learned Senior Counsel on behalf of Sri. Venkatesh Somareddy, appearing for the petitioner; Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 1 and 2 and Sri. H.B. Chandrashekar, learned counsel appearing for the respondent No.3.

3. Sri. P.P. Hegde, learned Senior Counsel appearing for the petitioner invited the attention of the Court to the recitals in the registered Gift Deed dated 09^th March, 2022 (Annexure-A) executed by the respondent No.3 in favour of the petitioner herein in respect of schedule properties mentioned in the said Gift Deed and submitted that the respondent No.3, being a Donor of the schedule properties gifted the same voluntarily without any conditions with respect to the maintenance of the respondent No.3 and therefore the provisions contemplated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are not applicable to the facts of the case on hand.

4. Learned Senior Counsel appearing for the petitioner further contended that, since there is no condition precedent in the Gift Deed dated 09^th March, 2022 (Annexure-A) in respect of maintenance of the respondent No.3, the respondent No.2- Assistant Commissioner has no jurisdiction to pass the interim order dated 03^rd August, 2022 (Annexure-F) and to continue the proceedings.

5. In order to buttress his arguments, learned Senior Counsel appearing for the petitioner places reliance on the judgment of Hon'ble Supreme Court in the case of SUDESH CHHIKARA vs. RAMTI DEVI AND ANOTHER reported in 2022 LiveLaw (SC) 1011 and argued that the proceedings before the respondent No.2, requires to be set-aside in this petition.

6. It is also contended by learned Senior Counsel appearing for the petitioner that the respondent No.3 filed Original Suit No.28 of 2023 before the competent Civil Court questioning the alleged Gift Deed dated 09^th March, 2022 (Annexure-A) and therefore, there is no substance in the impugned proceedings pending before the respondent No.2. Accordingly, he sought for se