- 1 - HC-KAR NC: 2025:KHC:31759 WP No. 19948 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19948 OF 2023 (GM-RES) BETWEEN: SMT PUTTAMMA W/O LATE M R NANJUNDAPPA D/O LATE THIMMAKKA AGED ABOUT 83 YEARS R/AT MARGONDANAHALLI VILLAGE NONAVINAKERE HOBLI TIPATURU TALUK TUMAKURU DISTRICT 557 201. …PETITIONER (BY SRI.R. SUBRAMANYA, ADVOCATE FOR SRI. M.S. DEVARAJU, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU 570001. 2. B CHANDRASHEKAR S/O LATE B BASAVAIAH AGED ABOUT 69 YEARS R/AT NO 1207 2ND MAIN ROAD 52ND STAGE, SRIRAMAPURAM MYSURU 570003. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31759 WP No. 19948 of 2023 3. SUPRITH S/O B CHANDRASHEKAR AGED ABOUT 28 YEARS R/AT NO 1207 2ND MAIN ROAD 2ND STAGE SRIRAMAPURAM MYSURU 570003. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1; NOTICE TO R2 AND R3 ARE DISPENSESD WITH VIDE ORDER DATED 04.08.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ENDORSEMENT ISSUED BY THE R1 DATED 1.8.2023 BEARING NO.MYSAC-MAG/SRCZ/56/2023 VIDE ANNEXURE-D AND CONSIDER THE APPLICATION OF THE PETITIONER FILED U/S 23 OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 ON 14.7.2023 VIDE ANNEXURE-C AND ALLOW THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31759 WP No. 19948 of 2023 ORAL ORDER The first respondent has perfunctorily rejected the petitioner's application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the Act'] with the impugned Endorsement dated 01.08.2023 [Annexure- D] directing the petitioner to approach the civil Court. The question for consideration is has the first respondent abdicated the responsibility with the Statute. The petitioner's case is that she has executed a Relinquishment Deed in favour of the private respondents [her brother-in-law and nephew] under the circumstances set forth in a petition with the first respondent. If the petitioner, who is aged 83 years, is divested of some interest in the property, she must be entitled for the remedy under the Act in that regard. Even otherwise, as a Senior Citizen she is entitled to certain rights that are secured under the Act. - 4 - HC-KAR NC: 2025:KHC:31759 WP No. 19948 of 2023 As such, the first respondent could not have issued the impugned Endorsement without examining whether there was need for any intervention. Therefore, this Court must allow the petition quashing the first respondent's Endorsement dated 01.08.2023 directing the Assistant Commissioner, Mysuru Sub-Division, Mysuru to consider the petitioner's application after issuance of notice to the concerned respondents. Therefore, the following: ORDER [a] The petition is allowed in part quashing the first respondent's impugned Endorsement dated 01.08.2023 [Annexure-D] restoring the proceedings to the first respondent for due consideration in the light of this Court's observation but after issuance of notice to the private respondents. - 5 - HC-KAR NC: 2025:KHC:31759 WP No. 19948 of 2023 [b] The petitioner is reserved with liberty to file a certified copy of this order with the first respondent within two [2] weeks from the date of receipt thereof, directing the first respondent to list the proceedings forthwith for orders on issuance of notice to the private respondents. [c] It is needless to observe that any failure to exercise due diligence by the first respondent in discharge of his statutory duties, the first respondent could face consequences as permissible in law subject to due procedure. Sd/- (B M SHYAM PRASAD) JUDGE AN/-