- 1 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20367 OF 2022 (GM-RES) C/W WRIT PETITION NO. 25066 OF 2022 (GM-RES) IN W.P. No. 20367/2022 BETWEEN: 1. SMT KUSUMAMMA W/O LATE SOMAPPA RAI AGED 69 YEARS R/AT: BASAVANAHALLI EXTENSION SAKALESHPURA TOWN HASSAN DISTRICT-573 127 … PETITIONER (BY SRI. PRAKASH M H., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND APPELLATE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 HASSAN DISTRICT-573 127 2. THE ASSISTANT COMMISSIONER AND PRESIDING OFFICER THE TRIBUNAL UNDER THE MAINTENANCE AND Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 SAKALESHPURA TALUK HASSAN DISTRICT-573 127 3. SRI MAHABALA RAI S/O SOMAPPA RAI AGED 43 YEARS R/A BASAVANAHALLI EXTENSION SAKALESHPURA TOWN HASSAN DISTRICT-573 127 4. SRI SUKUMAR RAI S/O LATE SOMAPPA RAI AGED 48 YEARS R/A BASAVANAHALLI EXTENSION SAKALESHPURA TOWN HASSAN DISTRICT-573 127 5. THE CHIEF OFFICER SAKALESHPURA TOWN MUNICIPAL COUNCIL SAKALESHPURA TOWN HASSAN DISTRICT-573 127 … RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R2; SRI RAJESHWARA P.N., ADVOCATE FOR R3; R4 - SERVED; SRI PRATHEEP.K.C., ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 27.07.2022 PASSED BY THE R-1, THE APPELLATE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 IN ORDER NO.MAG(HI.NA.RA)588/2021-22 VIDE - 3 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 ANNEXURE-E BY DECLARING THE SAME AS ILLEGAL AND ETC., IN W.P. NO. 25066/2022 BETWEEN: 1. MAHABALA RAI S/O LATE SOMAPPA RAI AGED ABOUT 43 YEARS R/AT BASAVANAHALLI KUDUGARAHALLI SAKALESHPURA TALUK HASSAN DISTRICT -573 127 ... PETITIONER (BY SRI. RAJESWARA P N., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND SUB DIVISION MAGISTRATE SUB DIVISION SAKLESHPURA HASSAN -573 201 2. SMT KUSUMAMMA W/O LATE SOMAPPA RAI AGED ABOUT 82 YEARS R/AT SULUGALALE VILLAGE (VIJAYANAGAR) SHANIVARSANTHE HOBLI SOWMAVARPET TALUK KODAGU DISTRICT -571 235 PH 8867 190 167 - 4 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 3. SMT AKSHAYA S M W/O PRADEEP AGED ABOUT 31 YEARS R/AT HURUDI VILLAGE HAANABALU HOBLI SAKLESHPURA TALUK HASSAN DISTRICT - 573 165 PH-6361616624 4. THE CHIEF OFFICER SAKALESHPURA TOWN MUNICPAL COUNCIL SAKLESHPURA TOWN HASSAN DISTRICT -573 127 5. SRI SUKUMAR RAI S/O LATE SOMAPPA RAI AGED ABOUT 48 YEARS R/AT AREHALLI ROAD HALASULIGE POST SAKALESHPURA TALUK HASSAN DISTRICT -573 134 6. SMT CHANDRAVATHI W/O MOHAN AGED ABOUT YEARS SULUGALALE VILLAGE (VIJAYANAGAR) SHANIVARSANTHE HOBLI SOWMAVARPET TALUK KODAGU DISTRICT -571 235 ... RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI PRAKASH M.H., ADVOCATE FOR R2; SRI PRATHEEP K.C., ADVOCATE FOR R4; R3, R5 AND R6 ARE SERVED) - 5 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 09.12.2021 IN MAG NO.06/2021/22 PASSED BY THE R1 ASSISTANT COMMISSIONER (ANNEXURE-A) AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner in WP No.20367/2022 is the mother while the respondents No.3 and 4 are the sons. The writ petition was filed challenging the order passed at Annexure 'E' which order was passed by the Deputy Commissioner. The order passed by the Deputy Commissioner is purportedly under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The appeal was filed before the Deputy Commissioner as against the order of the Assistant Commissioner dated 09.12.2021 passed under the Act. It is noticed that the appeal filed before the Deputy Commissioner was by the son of Smt. Kusumamma. - 6 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 2. Learned counsel Sri M H Prakash, appearing for the petitioner would submit that the order at Annexure 'E' is one without jurisdiction as appeal could not have been entertained by the Deputy Commissioner at the instance of the son in terms of Section 16 of the Act. 3. Taking note of the admitted facts that the Assistant Commissioner has granted relief in a petition filed by the mother - Kusumamma, the question of filing an appeal before the Deputy Commissioner under Section 16 of the Act at the instance of the son does not arise. Section 16(1) of the Act provides for appeal only by Senior citizen or parent, as the case may be. In light of the same, the order at Annexure 'E' is set aside as being one without jurisdiction. 4. W.P. No.25066/2022 has been filed by the son Mahabala Rai against his son and other sibling calling in question the correctness of the order of the Assistant Commissioner passed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. The said order of the Assistant Commissioner is assailed on various - 7 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 grounds including that the order passed does not make out adequate reasons and is a non-speaking order. Learned counsel for the petitioner has also submitted that the order was passed without hearing the petitioner. Learned counsel Sri M H Prakash appearing for the mother - respondent No.2 submits that Mahabala Rai though served with notice having been absent, rightly the Assistant Commissioner has proceeded ex- parte and disposed of the matter. 5. It must be noticed that the order at Annexure 'A', a bare perusal of which would indicate that order is not a speaking order. The Assistant Commissioner has merely stated the legal provision and accepted the say of Kusumamma regarding the validity of the gift deed dated 14.10.2011. 6. It is a settled position that orders of quasi judicial authorities must be speaking orders with adequate reasons and adverting to the facts as well. The order impugned does not reveal application of mind in the facts of the present case. Noticing that the son was not heard and the order that is passed is an ex-parte, considering the civil consequences of the - 8 - HC-KAR NC: 2025:KHC:28279 WP No. 20367 of 2022 C/W WP No. 25066 of 2022 order passed by the Assistant Commissioner dated 09.12.2021 which has effect of setting aside the gift deed dated 14.10.2011, it would be appropriate and meet the interest of justice to set aside the order at Annexure 'A' and remand the matter back to the Assistant Commissioner for fresh consideration. Both sides to appear before the Assistant Commissioner, Sakleshpur Sub-Division, Sakleshpur without further notice on 11.08.2025. 7. Both sides to maintain status-quo as on date till any order is passed on the interim prayer that may be sought before the Assistant Commissioner. 8. Noticing that this is a matter that is being remanded, the Assistant Commissioner to expedite the proceedings. 9. Accordingly, the petitions are disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE YKL List No.: 1 Sl No.: 24