- 1 - HC-KAR NC: 2025:KHC:48933 WP NO.21812 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.21812 OF 2023 (GM-RES) BETWEEN: KALEGOWDA S/O LATE KALEGOWDA, AGED ABOUT 60 YEARS, R/AT IKANAHALLI VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA - 571 426. …PETITIONER (BY SRI. AMBARISHA N., ADVOCATE) AND: 1. SMT. BORAMMA W/O LATE KALEGOWDA, AGED ABOUT 75 YEARS. 2. NANJUNDEGOWDA S/O LATE KALEGOWDA, AGED ABOUT 61 YEARS. 3. ANNEGOWDA S/O LATE KALEGOWDA AGED ABOUT 63 YEARS. RESPONDENTS 1 TO 3 ARE R/AT IKANAHALLI VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA - 571 426. 4. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48933 WP NO.21812 OF 2023 5. ASSISTANT COMMISSIONER AND PRESIDENT SENIOR CITIZEN, WELFARE AND MAINTENANCE TRIBUNAL, PADAVAPURA SUB-DIVISION, PANDAVAPURA TALUK, MANDYA DISTRICT. …RESPONDENTS (BY SRI. MANIKANTA H.B., ADVOCATE FOR R1 AND R2; SRI. MAHANTESH SHETTAR, AGA FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13TH JUNE, 2023 PASSED BY THE RESPONDENT NO.4 IN CASE NO.MSC(2)77/2022 VIDE ANNEXURE-E AND ORDER DATED 16TH SEPTEMBER, 2021 PASSED BY THE RESPONDENT NO.5 VIDE ANNEXURE-D; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the order dated 13th June, 2023 (Annexure-E) passed by the respondent No.4 in Case No.MSC(2)77/2022 and order dated 16th September, 2021 (Annexure-D) passed by the respondent No.5. - 3 - HC-KAR NC: 2025:KHC:48933 WP NO.21812 OF 2023 2. Heard Sri. Ambarisha N., learned counsel appearing for the petitioner; Sri. Manikanta H.B., learned counsel appearing for respondents 1 and 2; and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 4 and 5. 3. Having heard the learned counsel appearing for the parties and on perusal of the writ papers, the same would indicate that the respondent No.1 herein had raised dispute before the respondent No.5-Tribunal as per Annexure-D under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. On perusal of the order sheet of the respondent No.5-Tribunal produced by the petitioner at Annexure-C would indicate that the respondent No.5-Tribunal disposed of the petition filed by the respondent No.1 herein without affording an opportunity of hearing to the petitioner herein and also no response has been filed by the petitioner herein to the said petition. Therefore, I am of the considered opinion that the principles of natural justice has been curtailed to the petitioner herein. In that view of the matter, the matter requires to be remitted to the respondent No.5 for fresh - 4 - HC-KAR NC: 2025:KHC:48933 WP NO.21812 OF 2023 consideration after affording an opportunity of hearing to the parties therein. Accordingly, I pass the following: O R D E R i) Writ Petition allowed; ii) Order dated 13th June, 2023 (Annexure-E) passed by the respondent No.4 in Case No.MSC(2)77/2022 and order dated 16th September, 2021 (Annexure-D) passed by the respondent No.5 are hereby set-aside; iii) The matter is remitted to the respondent No.5-Tribunal for consideration afresh and thereafter take decision in the matter after affording an opportunity of hearing to the parties; iv) In order to avoid further delay in the matter, as the parties are represented by their learned counsels, they are directed to appear before the respondent No.5 on 15th December, 2025 at 03.00 p.m. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 3