- 1 - NC: 2025:KHC:10218 W.P. No.18564/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.18564/2023 (GM-RES) BETWEEN: SRI. HAMSARAJA S/O LATE RAMACHANDRAPPA AGED ABOUT 60 YEARS R/AT THIMMANAHALLI LAKKANAHALLI POST HULIKUNTE HOBLI SIRA TALUK - 572 113 TUMAKURU DISTRICT. …PETITIONER (BY SRI. HANUMANTHARAYA D, ADV.,) AND: 1. THE DEPUTY COMMISSIONER ALSO THE APPELLATE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007TUMAKURU DISTRICT TUMAKURU - 572 101. 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION ALSO THE MAINTENANCE TRIBUNAL, UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 MADHUGIRI - 572 175 TUMAKURU DISTRICT. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10218 W.P. No.18564/2023 3. TAHASILDAR SIRA TALUK SIRA - 572 137. 4. SRI. NARAYANAPPA T R S/O LATE RAMACHANDRAPPA AGED ABOUT 65 YEARS NO.172, 4TH CROSS NEAR SAINT MARYS SCHOOL BATAWADI, TUMAKURU - 572 103. 5. SMT. PARVATHAMMA W/O NAGESHAPPA AGED ABOUT 58 YEARS R/O JUNJARAGUNTE PARASHURAMAPURA HOBLI CHALLAKERE TALUK - 577 538 CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3 SRI. G. BALAKRISHNA SHASTRY, ADV., FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.02.2022 PASSED BY THE R1 IN CASE NO.MAG(1)150/2021 DTD 23.02.2022 PRODUCED AT ANNEXURE. DIRECT THE R3 TAHSILDAR, SIRA TALUK, SIRA TO MUTATE THE KATHA OF THE WRIT PETITION SCHEDULE PROPERTIES BACK IN THE NAME OF LATE KARIYAMMA W/O LATE RAMACHANDRAPPA & ETC. THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER. - 3 - NC: 2025:KHC:10218 W.P. No.18564/2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Issue writ in the nature of Certiorari QUASHING the impugned order dated 23.02.2022 passed by the respondent No.1 in Case No.MAG(1)150/2021 dated 23.02.2022 produced at Annexure-A; b) Direct the respondent No.3 Tahasildar, Sira Taluk, Sira to mutate the katha of the writ petition schedule properties back in the name of late Kariyamma W/o late Ramachandrappa, in the interest of justice and equity. c) And pleased to pass any order/direction as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case." 2. Heard Sri.Hanumantharaya D., learned counsel for the petitioner, Sri.Shamanth Naik, learned High Court Government Pleader for respondent Nos.1 to 3 and Sri.G.Balakrishna Shastry, learned counsel for respondent Nos.4 & 5. - 4 - NC: 2025:KHC:10218 W.P. No.18564/2023 3. Learned counsel for the petitioner realizing the fact that the issue in the lis stands covered by the judgment rendered by the Apex Court in Sudesh Chhikara vs. Ramti Devi & Anr1. would seek leave of this Court to withdraw the subject petition and urge all the contentions in the civil suit instituted by the petitioner himself in O.S.No.175/2021. 4. In that light, petition stands disposed, liberty is reserved to the petitioner as sought and observed herein above. Sd/- (M.NAGAPRASANNA) JUDGE BSR List No.: 1 Sl No.: 5 1 2022 SCC OnLine SC 1684