- 1 - NC: 2025:KHC:6996 WP No. 4191 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4191 OF 2025 (GM-RES) BETWEEN: 1. SRI. M. A. LOKESHA S/O ASHWATHAPPA, AGED 40 YEARS, 2. SR. M A HARISHA S/O ASHWATHAPPA AGED 39 YEARS, BOTH ARE R/AT THALAVARA PETE, MANCHENAHALLI VILLAGE, MANCHENAHALLI TALUK CHIKKABALLAPURA-561211 …PETITIONERS (BY SRI. TIMMANNA BHAT., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA DIVISION CHIKKABALLAPUR-562101 2. THE SUB REGISTRAR GOWRIBIDANUR (T) GOWRIBIDANUR-561208 3. THE TAHASILDAR GOWRIBIDANUR TALUK NOW MANCHENAHALLI TALUK, MANCHENAHALLI -561208 …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6996 WP No. 4191 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER ISSUED BY THE R1 BEARING NO. MSC/CR/ (GOU)/13/2022-23 DATED 03/03/2023 (ANNX-S), DECLARING THE SAME AS ILLEGAL AND DIRECT THE R2 TO RESTORE THE REGISTERED GIFT DEED IN THE REGISTER BEARING NO. GBD- 1-06934/2016-17 REGISTERED ON 13/03/2017 VIDE ANNX-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned Counsel for the petitioners submits that the impugned order was passed by the 1st respondent- Assistant Commissioner/competent authority on 03.03.2023, on a petition filed by the petitioners’ grandfather-Sri.Narasimhappa @ Dodda Narasimhappa S/o Neeraganti Anjinappa, canceling the registered Gift Deed dated 13.03.2017, although no such prayer was made in the petition seeking cancellation of the document and nor was there any condition imposed in the Gift Deed, which is a prerequisite in terms of Section 23 of the - 3 - NC: 2025:KHC:6996 WP No. 4191 of 2025 Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is also submitted that the impugned order is an exparte order, wherein the notice was not received by the petitioners. They came to know of the order recently and therefore, the present writ petition has been filed. Moreover, the original petitioner- Sri.Narasimhappa @ Dodda Narasimhappa died on 21.04.2024, subsequent to the passing of the impugned order. The petitioners are aggrieved of the fact that pursuant to the impugned order the jurisdictional Sub-Registrar has cancelled the Gift Deed. 3. On going through the impugned order, this Court finds that while directing cancellation of the Gift Deed, it is also directed that till lifetime of the petitioners, the respondents therein (the petitioners herein) shall not alienate the property. Now that the original petitioner is no more, and having regard to the conditions under which the impugned order has been passed, the order of cancellation cannot be sustained. - 4 - NC: 2025:KHC:6996 WP No. 4191 of 2025 4. Having regard to the provisions contained in Section 23 of the Act, the Hon’ble Supreme Court in the case of Sri. Sudesh Chhikara Vs. Ramti Devi, 2022 SSC online SSC 1684, has clearly held that unless the document contains the covenant or condition that the transferee will provide basic amenities and basic physical needs to the transferor, a Senior citizen, the authority cannot cancel such documents. Only on that ground the impugned order is also required to be quashed. Moreover, since the original petitioner is also no more, no useful purpose would be served by cancelling the document. 5. Accordingly the writ petition is allowed. The impugned order dated 03.03.2023 at Annexure-S, passed by the 1st respondent-Assistant Commissioner, Chikkaballapura Sub-Division, is hereby quashed and set aside. The concerned Sub-Registrar, viz., the 2nd respondent is hereby directed to remove the endorsement made on 17.01.2024 cancelling the Gift Deed, in Book-I. - 5 - NC: 2025:KHC:6996 WP No. 4191 of 2025 6. The entry shall be removed as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE DL CT: JL