- 1 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20548 OF 2023 (GM-RES) BETWEEN: 1. HABEEB UNNISA D/O. ABDUL GAFUR SAB, W/O. BABJAN BAIG, AGED ABOUT 73 YEARS, HOUSE WIFE, R/O. NO. 370/213, 2ND MAIN, 4TH CROSS, NEAR GANESHA TEMPLE, NITTUVALLI, HOSABADAVANE, DAVANAGERE-577 002. 2. SHAMI MUNNISA D/O. ABDUL GAFUR SAB, W/O. ABDUL WAZEED, AGED ABOUT 72 YEARS, HOUSE WIFE, R/O. NO. 210, WAHEED DREAM GARDEN, CHANDANA HOSALLI, DABASPET, NELAMANGALA, BENGALURU NORTH, BENGALURU DISTRICT. 3. ABDUL JABBAR. B. G. S/O. ABDUL GAFUR SAB, AGED ABOUT 71 YEARS, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 BUSINESS, R/O. NO. 2733/2, 2ND MAIN, 4TH CROSS, MCC B BLOCK, DAVANAGERE-577 004. 4. ABDUL SALEEM. B. G. S/O. ABDUL GAFUR SAB, AGED ABOUT 68 YEARS, BUSINESS, R/O. NEW BAMBOO BAZAR ROAD, DAVANAGERE-577 001. 5. ABDUAL SATTAR. G S/O. ABDUL GAFUR SAB, AGED ABOUT 63 YEARS, BUSINESS, R/O. BAMBOO BAZAR ROAD, DAVANAGERE-577001. 6. SHAFI AHAMED. B. G. S/O. ABDUL GAFUR SAB, AGED ABOUT 62 YEARS, BUSINESS, R/O. RMC ROAD, DAVANAGERE-577 001. 7. KALEEL AHAMED. B. G. S/O. LATE ABDUL GAFUR SAB, AGED ABOUT 61 YEARS, BUSINESS, R/O. BAMBOO BAZAR ROAD, DAVANAGERE-577 001. …PETITIONERS (BY SRI. REVANNA BELLARY.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 AND: 1. SMT. JAMEELA W/O. LATE ABDUL KALEEM. B. G., AGED ABOUT 60 YEARS, HOUSE WIFE 2. EJAZ AHAMED W/O. LATE ABDUL KALEEM. B. G., AGED ABOUT 40 YEARS, BUSINESS. 3. NIKITH W/O. EJAZ AHAMED, AGED ABOUT 38 YEARS, HOUSE WIFE. 4. NUSRUTH BANU D/O. LATE ABDUL KALEEM.B. G., AGED ABOUT 45YEARS, HOUSE WIFE. 5. IMRAN S/O. LATE ABDUL KALEEM. B. G., AGED ABOUT 32 YEARS, BUSINESS, R1 TO 5 ARE R/O. NO. 848/1-4, BAMBOO BAZAR ROAD, RMC ROAD, DAVANAGERE-577 001. 6. RABIYA BASTI D/O. ABDUL GAFUR SAB, W/O. ABDUL SAMAD, AGED ABOUT 58 YEARS, HOUSE WIFE, - 4 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 R/O. KABBINALLI ROAD, CHIKKOLE, KABBINALLI, CHIKKOLE, KABBINALLI, CHIKKAMMAGALUR-577 121 7. ASHFAK AHAMED S/O. LATE ABDUL GAFUR SAB, AGED ABOUT 57 YEARS, BUSINESS, R/O. NO. 51, 1ST FLOOR, 5TH MAIN, 2ND CROSS, R.T. NAGAR POST, BENGALURU-560 032. 8. YASMIN BANU D/O. LATE ABDUL GAFUR SAB, W/O. MUNIR AHAMED, AGED ABOUT 55 YEARS, HOUSE WIFE, R/O. 3RD MAIN, 13TH CROSS, VINOBANAGAR, DAVANAGERE-577 106. 9. SHABINA BANU D/O. LATE ABDUL GAFUR SAB, W/O. SHAKEEL AHAMED, AGED ABOUT 50 YEARS, HOUSE WIFE, R/O. OPP. HALMADANI MASJID, UPPAHALLI, HENDAVARA, CHIKKAMAGALURU-577 101. 10. ERSHAD D/O. LATE ABDUL GAFUR SAB, AGED ABOUT 40 YEARS, BUSINESS, R/O. NO. 2733/2, - 5 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 11. 12. 13. 2ND MAIN, 4TH CROSS, NEAR PERFECT DRIVING SCHOOL, MCC B BLOCK, DAVANAGERE-577 004. THE COMMISSIONER MAHANAGAR PALIKE OLD P.B.ROAD, DAVANAGERE THE CHIEF SECRETARY GOVT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001 THE ASSISTANT EXECUTIVE ENGINEER, PWD, OPPOSITE MAHANAGARA PALIKE PB ROAD DAVANAGERE - 577001 …RESPONDENTS (BY SRI. KUMARA K G.,ADVOCATE FOR R1 TO R5; V/O DTD 05.12.2023 NOTICE TO R6 TO R10 IS D/W SRI. SHAMANTH NAIK, HCGP FOR R11) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER / ENDORSEMENT DTD 17.08.2023 PASSED IN HI.NAA/CR/18/2023-24 ON THE FILE AC COURT, DAVANAGERE AT ANNEXURE-M AND PRAYS FOR ALLOWING APPLICATION FILED BEFORE AC COURT, DAVANAGERE AT ANNEXURE-L. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners claim joint ownership of a property with the private respondents for a property, and they assert that this property is in a dilapidated condition. The property is within the limits of the eleventh respondent. The petitioners have filed an application with the Assistant Commissioner, Davanagere Sub- Division, Davanagere under the Maintenance and Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the Senior Citizens Act'] [as per Annexure - L]. 2. The petitioners have sought for orders from the Assistant Commissioner to demolish the building asserting that it is in a dilapidated condition, and the Assistant Commissioner responding to such application has issued the impugned Endorsement dated 17.08.2023. - 7 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 3. The Assistant Commissioner, in this impugned endorsement, has observed that the dispute between the petitioners and the private respondents is a civil dispute and they must necessarily approach the civil Court. The learned counsel for the petitioners submits that the Assistant Commissioner should have entertained the application under Section 22(2) of the Senior Citizens Act. 4. This Court is not inclined to interfere in the present petition for multiple reasons. Firstly, because the Assistant Commissioner is not made a party to the proceedings. Secondly, because it is not brought on record that the State Government has prescribed a comprehensive action plan for protection of life and property of senior citizens encompassing a situation where there is a request for demolition of the property on the ground that it is in a dilapidated condition. If the property is in a dilapidated - 8 - HC-KAR NC: 2025:KHC:30319 WP No. 20548 of 2023 condition, it should be open to the petitioners to avail their remedy under appropriate law. As such, the petition stands disposed of subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE RB