- 1 - HC-KAR NC: 2025:KHC:44377 WP No. 33028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33028 OF 2025 (GM-RES) BETWEEN: SRI. S RAVIPRASHANTH S/O P. SHIVANNA AGED ABOUT 49 YEARS R/AT PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK-571 438 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER SUB-DIVISIONAL MAGISTRATE COURT PANDAVAPURA SUB-DIVISION PANDAVAPURA-571 434 (MAINTENANCE WELFARE AND PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL) 2. THE TAHASILDAR SRIRANGAPATNA TALUK SRIRANGAPATNA-571 438 3. SRI. P. SHIVANNA S/O LATE PUTTEGOWDA AGED ABOUT 82 YEARS 4. SMT. VISHALAKSHI W/O P. SHIVANNA AGED ABOUT 76 YEARS RESPONDENTS NO.3 AND 4 ARE R/AT PALAHALLI VILLAGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44377 WP No. 33028 of 2025 BELAGOLA HOBLI SRIRANGAPATNA-571 438 …RESPONDENTS (BY SRI. SIDARTH BABURAO., AGA FOR R1 & R2) THIS WRIT PETITION IS FIELD UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE OF WRIT QUASHING THE ORDER DTD 17.08.23, PASSED IN NO. PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE D TO THE WRIT PETITION AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:44377 WP No. 33028 of 2025 ORAL ORDER 1. I.A.No.1/2025 is allowed. The production of certified copy of Annexure-E is dispensed with. 2. Learned AGA accepts notice for Respondents No.1 and 2. 3. The Petitioner is before this Court seeking for the following reliefs: a) To issue a writ of certiorari or any other writ of like nature of writ quashing the order dated 17.08.2023, passed by R1 vide Annexure-D to the writ petition. b) Issue a writ of certiorari or any other writ of like nature of writ quashing the notice dated 18.07.2025 bearing No. MSC:C.R.205/2025-26 issued by the 2nd respondent vide Annexure-E to the writ petition. c) Grant any other relief/s that this Hon’ble Court deems fit in the facts and circumstances of the case. 4. The submission of the learned counsel for the Petitioner is that the Petitioner has no grievance as regards the monthly maintenance of Rs.3,000/- to be paid but however he has a grievance as regards the direction to hand over the possession of the - 4 - HC-KAR NC: 2025:KHC:44377 WP No. 33028 of 2025 properties mentioned in the order passed by the Assistant Commissioner inasmuch as his submission is that the property being the ancestral property the Petitioner was permitted to cultivate the same and he has invested huge amount of money for the purpose of cultivation. Therefore, before harvesting the crop sown by the Petitioner if the possession is to be handed over, the Petitioner would lose the benefit of the harvest. 5. On enquiry as to whether there is any other proceedings which are pending between the parties, he submits that a suit in O.S.No.210/2023 is pending before the Principal Senior Civil Judge & JMFC., Srirangapatna for partition. If that be so, all the parties being available in the said proceedings, it would be for the Petitioner to make necessary application in the said pending suit for harvesting of the crop grown on the ancestral property as regards which the Petitioner has no dispute. - 5 - HC-KAR NC: 2025:KHC:44377 WP No. 33028 of 2025 6. By way of impugned order, the Assistant Commissioner has firstly directed the Petitioner for payment of Rs.3,000/- as monthly maintenance and further directed for hand over of certain properties. 7. In that view of the matter, I pass the following: ORDER i) The Writ Petition stands disposed placing on record the submission of the learned counsel for the Petitioner as regards the payment of maintenance. ii) The Principal Senior Civil Judge & JMFC., Srirangapatna seized of O.S.No.210/2023 shall consider the application made by the Petitioner for the purpose of harvesting without being influenced by the orders passed by the Assistant Commissioner dated 17.8.2023 vide Annexure-D. iii) The trial Court is directed to consider the application and dispose of the same within ten days’ of the application being filed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 22