- 1 - NC: 2025:KHC:7347 WP No. 3231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3231 OF 2025 (GM-RES) BETWEEN: 1. SRI. V. KIRAN, SON OF SRI K. VIJAY KUMAR, AGED ABOUT 18 YEARS 2. MASTER PURUSHOTHAM, SON OF SRI K. VIJAY KUMAR, AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI VIJAY KUMAR, THE 3RD PETITIONER HEREIN. 3. SRI. VIJAY KUMAR, SON OF SRI KRISHNAPPA, AGED ABOUT 51 YEARS PETITIONERS 1 TO 3 ARE RESIDING AT THOWDANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT - 562 101. …PETITIONERS (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY/COMMISSIONER, REVENUE DEPARTMENT, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7347 WP No. 3231 of 2025 GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR, DESIGNATED AUTHORITY FOR DISTRICT HANDICAPPED AND SENIOR CITIZENS WELFARE OFFICER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR - 562 101. 3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB DIVISION, CHIKKABALLAPUR - 562 101 AND DESIGNATED OFFICER, SENIOR CITIZENS WELFARE BOARD, CHIKKABALLAPUR - 562 101. 4. SRI. KRISHNAPPA, SON OF T. RAMAIAH, AGED ABOUT 77 YEARS 5. SMT. ANJANADEVI, WIFE OF SRI KRISHNAPPA, 6. SRI P. SHREYAS, SON OF SRI K. PRASANNA KUMAR, AGED ABOUT 20 YEARS 7. SRI K. SHASHI KUMAR, SON OF SRI KRISHNAPPA, AGED ABOUT 48 YEARS RESPONDENTS 4 TO 7 ARE - 3 - NC: 2025:KHC:7347 WP No. 3231 of 2025 RESIDING AT THOWDANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT - 562 101. 8. SRI. K. PRASANNA KUMAR, SON OF SRI KRISHNAPPA, AGED ABOUT 52 YEARS RESIDING AT NO.22/5, PLOT NO.236, VSR COMPLEX, 3RD MAIN, POLICE STATION ROAD, HEBBAL, BENGALURU - 560 024. 9. SRI K. PRAKASH, SON OF SRI KRISHNAPPA, AGED ABOUT 54 YEARS, RESIDING AT 2ND CROSS, 1ST PHASE, KARNATAKA LAYOUT, KURUBARAHALLI MAIN ROAD, BENGALURU - 560 086. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3; SRI. N. THIMMEGOWDA, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF TH CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 22.11.2024 PASSED BY THE 3rd RESPONDENT, THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB DIVISION, CHIKKABALLAPUR, IN CASE NO.MSC/CR (CHIKKA) 20/2022-23 FILED UNDER SECTION 23 OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 SEEKING FOR CANCELLATION OF THE REGISTERED GIFT DEED DATED 14.07.2016, THE ANNEXURE D TO THIS WRIT PETITION AND ETC., - 4 - NC: 2025:KHC:7347 WP No. 3231 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Sri.N.Thimmegowda, learned counsel has entered appearance for respondent Nos.4 and 5. Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 3. Notice to respondent Nos.6 to 9 are not necessary for the following reasons. 2. Learned counsel for the caveat respondent submits that the appellants have already filed an appeal before the Deputy Commissioner, Chikkaballapura District in Appeal bearing No.GAK 5/2024-25 questioning the impugned order passed by the Assistant Commissioner on 22.11.2024, and the Deputy Commissioner has passed an interim order on 17.01.2025 staying the impugned order. This aspect of the matter has not been stated in the writ petition. Only on that ground, the writ appeal is liable to be dismissed. 3. The submission of the learned counsel for the contesting respondent is accepted. - 5 - NC: 2025:KHC:7347 WP No. 3231 of 2025 4. Accordingly, the writ petition is dismissed having regard to the fact that the appellants have approached the appellate authority and the appellate authority has passed interim orders. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 2 CT: BHK