- 1 - HC-KAR NC: 2025:KHC:21986 WP No. 16339 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16339 OF 2025 (GM-RES) BETWEEN: 1. SRI K M NARAYANSWAMY S/O LATE MATADAPPA AGED ABOUT 76 YEARS 2. SMT.VANAJAMMA W/O K.N NARAYANASWAMY AGED ABOUT 64 YEARS BOTH ARE RESIDENTS OF NO.335, NEAR VENUGOPALASWAMY TEMPLE KOTHANURU VILLAGE, SHIVARAMAKARANTHA NAGAR BENAGALURU-56 077. PRESENTLY BOTH ARE RESIDING AT SY.NO.47, KALANAYAKANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLPURA-562 101. …PETITIONERS (BY SRI. G A SRIKANTE GOWDA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT FOR Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21986 WP No. 16339 of 2025 EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZENS. VIDHANA SOUDHA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101. 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101. 4. SMT. K.N VINITHA W/O H.M UMESH D/O K.M NARAYANA SWAMY AGED ABOUT 40 YEARS RESIDING AT NO. 19/1, KALYANA NAGAR HENNUR VILLAGE, GOWDARAHALLI COLONY BANGALORE NORTH TALUK BANGALORE-560 043. 5. SMT. KAVITHA W/O N. MURALI AGED ABOUT 38 YEARS D/O K.N. NARAYANSWAMY R/AT THANISANDRA VILLAGE, DR.SHIVARAMAKARANTH NAGAR POST, BENGALURU-560 077. 6. SMT. K.N.SUMITHRA W/O MANJUNATH D/O K.M. NARAYANSWAMY AGED ABOUT 36 YEARS - 3 - HC-KAR NC: 2025:KHC:21986 WP No. 16339 of 2025 R/AT KANNURU VILLAGE, KANNURU POST BENGALURU-562 149 …RESPONDENTS (BY SRI. SUDHANVA D.S.,C/R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS AND PROCEEDS OF THE CASE, THIS HONBLE COURT BE PLEASED TO PASS APPROPRAITE JUDGMENT AND ORDER. TO SET ASIDE ORDER DATED. 03.03.2025 PASSED BY THE DEPUTY COMMISSIONER, CHIKKABALLAPURA (ANNX-H) IN CASE NO. G.A.K/APPEAL/05/2023-204 AND RESERVING LIBERTY FOR PETITIONERS TO APPROACH COMPETENT CIVIL COURT IN ORDER TO PROTECT THEIR RIGHTS OVER SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioners has filed a memo which reads as hereunder: "The Petitioners submits that, as the Respondent No.4 played fraud in obtaining gift deed dated 27/10/20, the Petitioners as per legal advice have filed application before Assistant commissioner under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Assistant commissioner allowed the application of Petitioners, but the Deputy commissioner rejected the same on - 4 - HC-KAR NC: 2025:KHC:21986 WP No. 16339 of 2025 the ground that, the provisions of the Act is not applicable to the transaction referred in the application. Hence, in view of the above the Petitioners seeks leave of this Hon'ble High court to withdraw the above Writ Petition with a liberty to approach civil court in the interest of justice and equity." In light of the same, petition is dismissed as not pressed. All contentions are kept open. Liberty is reserved in favour of the petitioners to take appropriate action insofar as impugned orders and action before the appropriate Forum. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA/SHS List No.: 1 Sl No.: 88