- 1 - HC-KAR NC: 2026:KHC:30227 WP No. 17250 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17250 OF 2026 (GM-RES) BETWEEN: SMT. DIVYA D R W/O PRAKASH. G. P AGED ABOUT 42 YEARS, R/A GUNGURUMALE VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK TUMAKURU DISTRICT-572224 …PETITIONER (BY SRI. G. R VENKATESH MURTHY.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU – 527101 2. THE ASST COMMISSIONER TUMAKUR DIST TUMKURU 527101 3. SRI. G. T. PUTTASWAMY GOWDA S/O THOPE GOWDA AGED ABOUT 79 YEARS 4. SMT. RANGAMMA W/O PUTTASWAMY GOWDA AGED ABOUT 75 YEARS RESPONDENT NO. 3 & 4 ARE RESIDENT OF GUNGURUMALE VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30227 WP No. 17250 of 2026 TUMAKURU DISTRICT-572224 CURRENTLY RESIDING AT NO. 621, OLD NO. 8/3, 7TH CROSS, 8TH MAIN, K.N. EXTENSION, YESHWANTHPURA, BENGALURU 560 022. 5. SRI. G. P. PRAKASH S/O PUTTASWAMY GOWDA AGED ABOUT 48 YEARS R AT NAMADHI NILAYA ARJUNAPPA GARDEN, VIDYA NAGAR, BEHIND GOVT., BOYS COLLEGE, TIPTUR-572201 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2 SRI. N. SURENDRA KUMAR., ADVOCATE FOR R3 & R4 NOTICE TO R5 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER BY SET- ASIDE OR QUASH THE IMPUGNED ORDER DATED 04.06.2026 PASSED IN CASE NO.MAG/17/2025 BY THE HON'BLE DEPUTY COMMISSIONER (MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL) TUMAKURU DISTICT AT TUMAKURU, I.E., ANNEXURE-A. AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:30227 WP No. 17250 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. 2. Sri N. Surendra Kumar, learned counsel who has filed caveat to respondent No.3 accepts notice to respondent Nos.3 and 4. 3. Notice to respondent no.5 is dispensed with in view of the proposed order to be passed. 4. Petitioner is before this Court seeking for the following reliefs: a. TO ISSUE a writ of certiorari or any other appropriate writ or order by set-aside or quash the impugned order dated 27.04.2026 passed in Case No.MAG/17/2025 by the Hon'ble Deputy Commissioner (Maintenance and Welfare of Parents and Senior Citizens Appellate Tribunal) Tumakuru District at Tumakruru, i.e., Annexure-A. and b. TO GRANT such other order or relief to the Petitioners as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 5. Sri. G.R.Venkatesh Murthy, learned counsel for the petitioner submits that the Assistant Commissioner - 4 - HC-KAR NC: 2026:KHC:30227 WP No. 17250 of 2026 does not have the power to order eviction in proceedings under Section 23 of the Welfare of Parents and Senior Citizens Act, 2007, and in support thereof, he relies upon the decision of the Hon'ble Apex Court in the case of Samtola Devi Vs. State of Uttar Pradesh & Others1. 6. His submission is that the petitioner and her son have now filed a suit challenging the compromise entered into in O.S.No.27/2020, and pending the challenge, such an order could not have been passed. 7. The decision in Samthola Devi's was rendered in a situation where there was a partition suit pending, and in that background, the Hon'ble Apex Court held that an order of eviction cannot be passed. In the present matter there is a suit in O.S.No.27/2020, which was filed before the Senior Civil Judge and JMFC at Tiptur, which ended in a compromise, and it 1 2025 LiveLaw (SC) 445 - 5 - HC-KAR NC: 2026:KHC:30227 WP No. 17250 of 2026 is that compromise decree which is pending challenge. 8. Once there is a compromise decree which is in force and there is no stay of the said compromise decree, the Assistant Commissioner has only implemented the compromise decree in O.S.No.27/2020, which is a consequential order. 9. Hence, no fault can be found with respect thereto. The decision in Samsola Devi's would not be applicable to the present case. 10. Reserving liberty to the petitioner to agitate all issues in the challenge made to the compromise decree, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 2