Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40775 WP No. 11846 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11846 OF 2023 (GM-RES) BETWEEN:
1.
SRI. VENKATAPPA S/O LATE MUNIYAPPA, AGED ABOUT 84 YEARS R/A JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562114.
…PETITIONER (BY SRI. ARAVIND REDDY H., ADVOCATE) AND:
1.
SMT. RENUKA S/O S. KEMPAIAH, AGED ABOUT 42 YEARS PRESENTLY R/AT NO.LIG 14, C/O HARISH KUMAR, NEW KHB COLONY, NEAR BHARATH VIKAS SCHOOL, NANJANAGUDU MYSURU - 571301.
2.
THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40775 WP No. 11846 of 2023
BENGALURU RURAL DISTRICT.
3.
THE DEPUTY COMMISSIONER , BENGALURU RURAL DISTRICT CHAPPARADAKALLU, DEVANAHALLI DODDABALLAPURA ROAD, BENGALURU RURAL DISTRICT - 562110. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.03.2023 PASSED BY THE RESPONDENT NO.3 IN CASE NO.SCA/APPEAL/8/2021 IN DISMISSING THE APPEAL FILED BY THE PETITIONER BY CONFIRMING THE ORDER DTD 24/09/2021 PASSED BY THE RESPONDENT NO.2 IN CASE NO.SCA/SR/8/2020 REJECTING THE PETITION FILED BY THE PETITIONER UNDER THE PROVISIONS OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 VIDE ANNEXURE-A AND B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:40775 WP No. 11846 of 2023
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.2 and 3.
2. In this writ petition, petitioner is assailing the order dated 28.03.2023 passed by the respondent No.3 herein.
3. Having taken note of the submissions made by the
learned counsel appearing for the parties, I have perused the petition papers. The petitioner has filed the Petition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the respondent - authority and the respondent - authority having taken note of the factual aspects on record, dismissed the claim made by the petitioner on the ground that the petitioner has executed the registered Gift Deed dated 03.08.2007 in favour of respondent No.1 prior to the promulgation of the aforementioned Act.
4. Both the Authorities following the declaration of law made by this Court in the case of SMT. KAMALAMMA Vs. P. GOPAL AND OTHERS (W.A.No.1170/2021 disposed of on 16.11.2021), which is also mentioned at para No.7 of the impugned order,
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HC-KAR NC: 2025:KHC:40775 WP No. 11846 of 2023
have arrived at the conclusion to dismiss the claim made by the petitioner.
5. In that view of the matter, I am of the view that, the writ petition is not maintainable and the accordingly, the writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 6