- 1 - NC: 2025:KHC-D:3013 WP No. 106497 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106497 OF 2024 (GM-RES) BETWEEN: MALLIKARJUN S/O. GURUSIDDAYYA VASTRAD AGE. 48 YEARS, OCC. PVT SERVICE, R/O. VIDYAGERI, 1ST CROSS KITTUR, TQ. KITTUR, DIST. BELAGAVI. …PETITIONER (BY SMT SUNANDA P. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI, BELAGAVI- 590001. 2. THE MAINTENANCE AND PROTECTION OF PARENTS AND SENIOR CITIZEN TRIBUNAL AND ASSISTANT COMMISSIONER BAILHONGAL, DIST. BELAGAVI- 590001. 3. GURUSIDDAYYA S/O. CHANDRASHEKAR VASTRAD AGE. 79 YEARS, OCC. AGRICULTURE, R/O. C/O. JAGADISH S/O. SALIMATH, BSUTKAR BUILDING, 14TH CROSS, VIDYAGIRI BAGALKOT, ALSO AT VIDYAGERI, 1ST CROSS KITTUR, TQ. KITTUR, DIST. BELAGAVI- 591115. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 & R2) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3013 WP No. 106497 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A) TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 20/08/2024 PASSED BY THE RESPONDENT NO.1 BEARING NO. Dgï©/ J¸ï ¹/ J¦ -17/2023-24 VIDE ANNEXURE-A. B) TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 26/07/2021 PASSED BY THE RESPONDENT NO.2, IN APPEAL BEARING NO. »£Á¥Á¥ÉÆÃ/J¦-09/2020-21 VIDE ANNEXURE-D. C) THE HON’BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an order dated 20th August 2024 passed for the first respondent, by which the order passed by the Assistant Commissioner comes to be confirmed. 2. Heard the learned counsel Smt.Sunanda P. Patil and the learned AGA Sri.Sharad V. Magadum representing the respondent-State. 3. The petitioner is the son of the 3rd respondent. The 3rd respondent is said to have knocked at the doors of the Assistant Commissioner claiming relief under the - 3 - NC: 2025:KHC-D:3013 WP No. 106497 of 2024 Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Assistant Commissioner allows the application against the present petitioner, after which the petitioner is said to have approached this Court in W.P.No.102964 of 2021. The Coordinate Bench directs the petitioner to prefer an appeal against the order of the Assistant Commissioner before the Deputy Commissioner. 4. The Deputy Commissioner is said to have rejected the appeal, holding that the order passed by the Assistant Commissioner is correct or the order of the Assistant Commissioner does not warrant any interference. It is those 2 orders that are challenged before this Court in the subject petition. During the pendency of this petition, the 3rd respondent has died on 16.09.2024, therefore the proceedings before the Assistant Commissioner instituted by 3rd respondent is of no avail and the petitioner being the only person who was made a party before the Assistant Commissioner is entitled to succeed in the subject petition on a twin score; that the appeal filed - 4 - NC: 2025:KHC-D:3013 WP No. 106497 of 2024 against the order of the Assistant Commissioner before the Deputy Commissioner is nonest in the eye of law in the light of the order passed by the Division Bench in Writ Appeal No.254/2024; the other factor being the senior citizen who had approached the Assistant Commissioner today being no more. 5. In that light, both the orders of Assistant Commissioner and Deputy Commissioner stand quashed. All remedies available in law be availed of by the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 28