- 1 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17728 OF 2025 (GM-RES) BETWEEN: DR. SRIHARI S/O MUNIKRISHNAPPA, AGED 62 YEARS, PRESENTLY RESIDING AT NO.72, 10TH CROSS, 29TH MAIN, 1ST PHASE, J.P NAGAR, BENGALURU-560078 …PETITIONER (BY SRI. NAIK NITYANAND VENKATARAMAN, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, BENGALURU- 560009 2. SRI MUNIKRISHNAPPA STATION DIRECTOR (RETD.) ALL INDIA RADIO, AGED 87 YEARS, RESIDING AT NO. 1302, 'F' BLOCK, 'NITESH APARTMENT', KANAKAPURA ROAD, BENGALURU- 560062. 3. MURTHY S/O MUNIKRISHNAPPA AGED 63 YEARS, RETIRED EXECUTIVE DIRECTOR OF KSFC PRESENTLY RESIDING AT NO.72, 10TH CROSS, I PHASE, J.P NAGAR, BENGALURU- 560078. 4. BHAGYALAKSHMI D/O MUNIKRISHNAPPA AGED 59 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 PRINCIPAL OF KENDRIYA VIDYALAYA, VICTORIA LAYOUT, BENGALURU. PRESENTLY RESIDING AT NO.72, 2ND FLOOR, WILSON GARDEN CO.OPERATIVE SOCIETY, NEAR BRIGADE MILLENIUM, 7TH PHASE, J.P NAGAR, BENGALURU- 560078. 5. DR. INDIRA D/O MUNIKRISHNAPPA, AGED 57 YEARS, GYNAECOLOGIST RESIDING AT NITESH APARTMENT, KANAKAPURA ROAD, BENGALURU-560062 6. DR. DEVARAJ M, S/O MUNIKRISHNAPPA, AGED 55 YEARS, NEPHROLOGIST HOUSTON KIDNEY SPECIALISTS CENTER WILLOWBROOK OFFICE, HOUSTON TX OFFICE, USA - 13656. BRETON RIDGE STREET, UNITS-A, TX-77070, U.S.A 7. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, BENGALURU-560001 8. THE POLICE INSPECTOR J.P NAGAR POLICE STATION, J.P NAGAR, BENGALURU-560078 …RESPONDENTS (BY SRI. VIJAYA RAJAARSU R, ADVOCATE FOR R2 TO R6; SRI.SIDARTH BABU RAO, AGA FOR R1, R7 & R8) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DTD 19.04.2025 AND 28.04.2025 PASSED BY THE R-1 IN CASE NO. MSC-CR-29/2025 VIDE ANNX-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; 1. Issue Writ, Order or Direction in the nature of certiorari quashing the impugned orders dtd 19.04.2025 and 28.04.2025 passed by the R-1 in case no. MSC-CR- 29/2025 vide Annx-A and B respectively. 2. To pass such other orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case including an order as to the cost of this Writ petition, in the interest of justice and equity. 2. Respondent No.2-father is the owner of the property bearing No.72, situated in 10th cross, 29th main, J.P.Nagar, Bengaluru-560078, which consists of three floors. The ground floor consists of two 3 BHK houses, and in one 3 BHK house the petitioner has been residing, another 3 BHK was vacant, Respondent No.2 was residing on the first floor and the second floor was vacant. 3. Respondent No.2 had approached respondent No.1- Asst. Commissioner stating that respondent No.2 wanted to shift to ground floor and as such, had - 4 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 requested for the petitioner to vacate from the said premises. The said application came to be allowed by respondent No.1 vide order dated 19.04.2025 directing the petitioner to vacate the ground floor, by permitting him to shift to the first floor. This error having been pointed out to the Assistant Commissioner, a corrigendum came to be issued on 28.04.2025 directing the petitioner to vacate the entire building since respondent No.2 did not wish for the petitioner to be residing in the same house. It is challenging the said order, the petitioner is before this court. 4. The subject property is the self-acquired property of respondent No.2 as regards which the petitioner has no right, title or interest. Though this court had not asked for, the respondent No.2 through his advocate made a request that he would personally want to be present before this court and make his submissions. Today respondent No.2 is personally present before - 5 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 this court in a wheelchair and he makes a statement that he does not wish for the petitioner to stay in his house and that he has made all arrangements for the petitioner and helped him on several occasions. 5. The sentiments which have been expressed by respondent No.2 are very loud and clear and his intentions are also very clear and succinct, inasmuch as he being the owner of the property, he does not want his son to be residing in his house. His clear submission is that his other children have been taking care of him and that the petitioner has not been taking care of him. It is very rare that a father would have such strong emotions against a son and a 89-year-old father has come to this court in a wheelchair to make his sentiments clear. The said sentiments have been clearly established. The petitioner not having any right in the property, the father cannot be made to live with his son in the very same building. - 6 - HC-KAR NC: 2025:KHC:47501 WP No. 17728 of 2025 6. In that view of the matter, no grounds being made out, the petition stands dismissed. 7. The petitioner shall vacate the property subject premises within 15 days from today, i.e. on or before 3rd December, 2025. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 12