- 1 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 28997 OF 2023 (GM-RES) BETWEEN: 1. S DHANAJAYAMURTHY S/O K S SRIKANTAPPA, AGED ABOUT 66 YEARS, R/O KYATHANAHALLI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573201. 2. K S NARENDRA S/O K S SRIKANTAPPA, AGED ABOUT 52 YEARS, R/O KYATHANAHALLI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT 573201. …PETITIONERS (BY SRI. MADHU M T., ADVOCATE) AND: 1. K S SRIKANTAPPA S/O LATE SIDDABASAPPA, AGED ABOUT 86 YEARS, R/O KYATHANAHALLI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 HASSAN DISTRICT 573201. 2. K S BASAVARAJU S/O K S SRIKANTAPPA, AGED ABOUT 61 YEARS, R/O KYATHANAHALLI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT 573201. 3. K S SHIVAKUMAR S/O K S SRIKANTAPPA, AGED ABOUT 64 YEARS, R/O NO.365, 5TH MAIN, 1ST CROSS, SWIMMING POOL ROAD, MYSORE 570001. 4. PANKAJA W/O MAHALINGAPPA, AGED ABOUT 58 YEARS, R/O NO.172, 7TH CROSS, BAPUJI LAYOUT, NEAR CHANDRA LAYOUT, VIJAYANAGARA, BANGALORE 560040. 5. PRESIDENT MAINTENANCE AND WELFARE OF SENIOR CITIZEN TRIBUNAL AND ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN 573201. 6. APPELLATE TRIBUNAL MAINTENANCE AND WELFARE OF SENIOR - 3 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 CITIZEN AND DISTRICT MAGISTRATE COURT HASSAN DISTRICT, HASSAN 573201 …RESPONDENTS (BY SMT. NIKHITHA.H.S., ADVOCATE FOR SRI. SADANAND SHASTRY., ADVCOATE FOR R1 SRI. MAHADEV R.K., ADVOCATE FOR R2 & R4 SRI. MAHANTESH SHETTAR., AGA FOR R5 & R6 R3 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09/08/2023 PASSED BY R5 THAT IS THE PRESIDENT, MAINTENANCE AND WELFARE OF SENIOR CITIZEN TRIBUNAL, AND ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN IN H.N.R. 67/2022-23 AS PER ANNEXURE-K AND ORDER DATED 31/10/2023 IN PASSED MAG. H.N.R./23/2023- 24 PASSED BY THE APPELLATE TRIBUNAL, MAINTENANCE AND WELFARE OF SENIOR CITIZEN AND DISTRICT MAGISTRATE COURT, HASSAN DISTRICT, HASSAN AS PER ANNEXURE-L AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners are assailing the order dated 09.08.2023 passed by respondent No.5 (Annexure ‘K’) and the order dated 31.10.2023 (Annexure ‘L’) passed by respondent No.6-Appellate Tribunal, - 4 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 Maintenance and Welfare of Senior Citizens and District Magistrate Court, Hassan District. 2. Heard Sri Madhu M.T., learned Counsel appearing for the petitioners, Smt.Nikhitha H.S., learned Counsel appearing on behalf of Sri Sadanand Shastry for respondent No.1, Sri Mahadev R.K., learned Counsel for respondents No.2 and 4 and Sri Mahantesh Shettar, learned Additional Government Advocate appearing for respondents No.5 and 6. 3. It is contended by the learned Counsel appearing for the petitioners, by referring to the impugned order at Annexure ‘K’ that the competent authority without giving reasons has passed the impugned order and therefore, sought for interference of this Court. 4. It is also contended by the learned Counsel appearing for the petitioners that the petition filed by respondent No.1 itself is not maintainable under Section 23 of the Maintenance And Welfare Of Parents and Senior - 5 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 Citizens Act, 2007 (hereinafter referred to as 'the Act'), and contended that as the alleged Gift Deed has been executed prior to the promulgation of the Act, the impugned orders passed by the respondent-authorities require interference by this Court. 5. Per contra, Sri Mahadev R.K., learned Counsel appearing for respondents No.2 and 4, sought to justify the action of the respondents and submitted that respondent No.1 had executed the Gift Deed in respect of one of the subject matters of the schedule during the year 2004 and the said aspect has to be considered and accordingly sought for dismissal of the petition. 6. Sri Mahantesh Shettar, learned Additional Government Advocate, appearing for respondents No.5 and 6 sought to justify the impugned orders. 7. In the light of the submissions made by the learned Counsels appearing for the parties and on careful consideration of the order passed by respondent No.5, - 6 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 wherein, though respondent No.5 has recorded the pleadings and the evidence of the parties, however, no reasons are reflected in the impugned order at Annexure ‘K’. 8. In that view of the matter, as reasons are the hallmark of the decisions and in the absence of the reasons, I am of the opinion that, the impugned orders passed by respondents No.5 and 6 at Annexures ‘K’ and ‘L’ respectively, are hereby set aside and the matter is remitted to respondent No.5 to reconsider the issue afresh after affording opportunity of hearing to both the parties and take a decision in the matter, in the light of the observations made hereinabove. 9. It is also to be noted that respondent No.5 shall expedite the hearing and conclude the matter within a period of six months from the date of receipt of a copy of this order. 10. Since the parties are represented through their respective learned Counsels and in order to avoid further - 7 - HC-KAR NC: 2025:KHC:50123 WP No. 28997 of 2023 delay in the matter, the parties are directed to appear before respondent No.5 on 6th January 2026 at 3.00 p.m. All contentions of the parties are kept open. 11. Till the conclusion of the proceedings before respondent No.5, interim order dated 04.04.2025 passed by this Court with regard to the payment of Rs.10,000/- per month by the petitioners herein to respondent No.1 shall continue. 12. Accordingly, the writ petition stands disposed of. 13. In view of the above, I.A.No.1/2024 does not survive for consideration and accordingly the same stands disposed of. Sd/- (E.S.INDIRESH) JUDGE JT/- CT: JL