- 1 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102677 OF 2024 (GM-RES) BETWEEN: SHRI. ADONI PRALHAD RAO S/O LATE ADHONI KRISHNA RAO, AGED ABOUT 91 YEARS, R/O: 3RD CROSS, LINK ROAD, NEAR SHARADA VIDYAPEETH SCHOOL, BALLARI-583 101, NOW AT R/O: ANAND SEVA SADAN TRUST, REHABILITATION CENTRE AND OLD AGE HOME, #40, 4TH MAIN ROAD, 3RD STAGE, BEML LAYOUT, RAJRAJESHWARI NAGAR, BENGALURU-560 098, REPRESENTED BY GPA HOLDER, SMT. B. RADHA W/O VENUGOAPL BADAMI, AGE: 55 YEARS, ”VIJAYSHREE”, 3RD CROSS, LINK ROAD, S.N. PET, NEAR SHARADA VIDYA PEETH, BALLARI, BALLARI-583 101. … PETITIONER (BY SRI. KOTRESH V.HUBBALLI, ADVOCATE) AND: 1. ADONI NARASIMHAGIRI S/O ADHONI PRALHAD RAO, AGED: 58 YEARS, OCC: SOFTWEAR ENGINEER, WORKING IN LUMAN IT INDIA PVT. LTD., PRESENT ADDRESS: SALAPURIA TOUCHSTONE, 4TH FLOOR, SY.NO.15/1/A AND 14/P7, KADUBISANAHALLI, VARTUR HOBLI, BENGALURU-103. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 2. THE DEPUTY COMMISSIONER, SENIOR CITIZENS TRIBUNAL (APPEALS), D.C. OFFICE, BALLARI, *BELLARI-583 101. 3. THE ASSISTANT COMMISSIONER, CHAIRMAN OF THE TRIBUNAL CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF SENIOR CITIZEN ACT 2007, A.C. OFFICE, BALLARI-583 101. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R2-R3; R1-HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Kotresh V.Hubballi., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for respondents 2 and 3 have appeared in person. An emergent notice to the first respondent was ordered on 30.04.2024. Notice to respondent No.1 was held sufficient vide order dated:14.03.2025. The first respondent has neither engaged the services of an advocate nor conducted the case as a party in person. * Corrected vide Court Order dated 08.04.2025. Sd/- [JYOTI MULIMANI] JUDGE - 3 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 2. The captioned Writ Petition is filed seeking following reliefs: a) ‘Certiorari’ quashing the Annexure-F the order passed by the respondent No.2 Deputy Commissioner Ballari in Appeal No.REV/MAG/SC/01/2023-24, on 21/02/2024. b) ‘Mandamus’ directing to declare Annexure-B the gift deed Executed on 30/03/2019 by the Petitioner herein in favor of respondent No.1 as void and illegal. c) ‘Mandamus’ directing the respondent No.1 to bear the expenses of the Anand Ashram where the petitioner is residing hence, the appropriate maintenance of the petitioner being paid immediately by respondent No.1 as per Annexure-C and C1 respectively. 3. The short facts are these: The petitioner is a father and was working in Food Corporation of India. While he was in service, he purchased a site and constructed house property on it. It is his self-acquired property. He had gifted the property to his son by way of a registered gift deed on 30.03.2019. The father’s grievance is that his son has ignored him and he is not maintaining him in the old age. Hence, he was constrained to approach the - 4 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 Assistant Commissioner seeking revocation of the gift deed. The Assistant Commissioner vide order dated 29.09.2023 ordered in favor of the petitioner and allowed the petition. The son challenged the said order before the Deputy Commissioner. The Deputy Commissioner vide order dated 21.02.2024, allowed the petition and set aside the order of Assistant Commissioner. Under these circumstances, the father is before this Court. 4. Counsel for the respective parties urged several contentions. 5. Counsel for the petitioner to substantiate his contentions, has placed reliance on the following decision: 1. SRI K.LOKESH V/S THE BANGALORE DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER-1 AND OTHERS IN W.A.NO.254 OF 2024 DISPOSED OF ON 20.12.2024. 6. Heard the arguments and perused the Writ papers with care. - 5 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 7. The short controversy is about the maintainability of the appeal under Section 16 of the Senior Citizens Act before the Deputy Commissioner. Suffice it to note that the father had initiated proceedings under the provisions of the Senior Citizens Act, 2007 before the Assistant Commissioner. The Assistant Commissioner extenso referred to the material on record and allowed the petition. However, the son challenged the order before the Deputy Commissioner. It is significant to note that the son is not a Senior Citizen. Furthermore, the Division Bench in the decision referred to Supra has held that children or transferees do not have the right of appeal under Section 16 of the Act. The Deputy Commissioner erroneously went ahead with the matter and entertained the appeal. This is unsustainable in law. In my view, the Deputy Commissioner has failed to have regard to the relevant considerations and disregarded relevant matters. Furthermore, the law is settled by the Division Bench of this Court. For the reasons stated above the order passed by the Deputy Commissioner is liable to be set-aside. 8. The Writ of Certiorari is ordered. The order dated 21.02.2024 passed by the Deputy Commissioner, Ballari in - 6 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 No.REV/MAG/SC/01/2023-24 vide Annexure-F is quashed. Consequently, the order dated:29.09.2023 passed by the Assistant Commissioner is confirmed. 9. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE CLK/MRP LIST NO.: 1 SL NO.: 27 - 7 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 JMJ: 08.04.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) ORAL ORDER Sri.Kotresh V.Hubballi., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for respondents 2 and 3 have appeared in person. The captioned Writ Petition was disposed of on 22.03.2025. Counsel for the petitioner submits that I.A.No.3/2025 may be dismissed as not pressed. Submission is noted. I.A.No.3/2025 is dismissed as not pressed. Counsel Sri.Kotresh V.Hubballi., further submits that due to typographical error, the place of respondent No.2 and pin- code was mentioned as “BAGALKOT” and “587 103” instead of “BELLARI” and “583 101”. Hence, an application is filed in I.A.No.2/2025 seeking permission to carryout correction and to amend the place of respondent No.2 and pin-code in the cause title. Counsel, therefore, submits that the application may be allowed. - 8 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 AGA submits that he has no objection to allow the application. The oral submission made by counsel for the respective parties is placed on record. Perused the application and the also affidavit. Being satisfied with the cause shown in the affidavit, the petitioner is permitted to carryout correction and to amend the place of respondent No.2 and pin-code in the cause title as “BELLARI” and “583 101”. Accordingly, I.A.No.2/2025 is allowed. Petitioner’s counsel is directed to carryout the amendment in the open Court. Concerned Court officer is directed to verify the same. Counsel Sri.Kotresh V.Hubballi., further submits that since the captioned Writ Petition was disposed of on 22.03.2025 and now the cause title of the Writ Petition is amended, the Registry concerned may be directed to change the place of respondent No.2 and pin-code as “BELLARI” and “583 101” in the cause title of the order and to issue fresh certified copy of the order. - 9 - NC: 2025:KHC-D:5274 WP No. 102677 of 2024 AGA submits that he has no objection for the same. The oral submission made by counsel for the respective parties is placed on record. Perused the order dated 22.03.2025. In the cause title of the order, the place and pin-code of respondent No.2 is shown as “BELLARI” and “583 101”. Since, I.A.No.2/2025 is allowed and the same is corrected and amended as “BELLARI” and “583 101”. The registry concerned is hereby directed to issue fresh certified copy of the order. This order shall be read in conjunction with the order dated 22.03.2025. Sd/- (JYOTI MULIMANI) JUDGE RH/MRP List No.: 1 Sl No.: 32