- 1 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20651 OF 2022 (GM-RES) BETWEEN: SRI. G. M. GANGADHARAIAH S/O MAYANNA AGED ABOUT 65 YEARS R/AT NO.502, GANAPATHI TEMPLE MAIN ROAD, NEAR VIVAKANANDA SCHOOL GULURU POST AND HOBLI TUMAKURU TQ AND DIST -572 118. …PETITIONER (BY SRI. M B CHANDRACHOODA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER THE CHAIRMAN COMPETENT AUTHORITY TUMAKURU SUB DIVIISON TUMAKURU -572 101. 2. SRI MAYANNA @ MAYAGAIAH S/O KALASAIAH AGED ABOUT 85 YEARS R/O GULURU AT POST TUMAKURU TQ AND DISTRICT TUMAKURU (CMC) TUMAKURU -572 118. 3. SMT GANGAMMA W/O G SHIVAPRASAD AGED ABOUT 65 YEARS R/O SIDDARATHNAGARA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 KASABA HOBLI TUMAKURU TQ AND DISTRICT -572 101. 4. SRI G M SHIVANNA S/O MAYANNA AGED ABOUT 55 YEARS R/O GULURU AT AND POST TUMAKURU TQ AND DIST -572 118. 5. SMT SOWBHAGYAMMA W/O N GOPAL AGED ABOUT 50 YEARS R/O GAVIRANGA NILAYA S S BADERY ROAD SARASWATHIPURAM TUMAKURU CITY -572 101. 6. SMT SUMANGALAMMA W/O H MARIYAPPA AGED ABOUT 47 YEARS R/O HULLENAHALLI AT POST MAGADI TALUK BENGALURU RURAL DISTRICT -562 120. …RESPONDENTS (BY SRI. SRINIVAS KUMAR, HCGP FOR R1; SRI.S.K. VENKATESH REDDY .,ADVOCATE FOR R2 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.08.2022 PASSED BY THE ASSISTANT COMMISSIONER AND THE CHAIRMAN AND COMPETENT AUTHORITY, TUMAKURUSUB-DIVISION, TUMAKURU BEARING NO.PAPOSAM AND HIRIYA NA.R.KA.SAM.NO.87/21-22 VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 ORAL ORDER Petitioner, one of the children of the respondent No.2, now a senior citizen is before this Court being aggrieved by the order dated 29.08.2022 passed by the respondent No.1- Assistant Commissioner in terms of which, respondent No.1- Assistant Commissioner has directed the petitioner herein to pay a sum of Rs.5,000/- per month as maintenance to the respondent No.2. 2. Learned counsel for petitioner taking this Court through the records, more particularly to the complaint filed by the respondent No.2 before the Assistant Commissioner produced at Annexure-B submits that there is no whisper in the said complaint by respondent No.2 regarding he facing any financial or other difficulties. All that he has sought for is to have a tenant in the ground floor of the house belonging to the petitioner vacated and to accommodate his daughters, granddaughters and relatives as and when they visit. 3. Pursuant to the said complaint, a report was called for by the Assistant Commissioner. A report was accordingly submitted as per Annexure-E dated 19.05.2022. The report - 4 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 indicate that petitioner has his own house and his family. While respondent No.2 is residing in a different independent house along with his second son. 5 acres 29 guntas of agricultural land is standing in the name of respondent No.2 yielding income. Besides, he also has vacant sites in his name. The petitioner herein has offered to take care of his father, provide all the maintenance including installing a lift if required for his convenience. Taking note of the said report, the Assistant Commissioner has declined to grant the relief as sought for. But however has proceeded to direct the petitioner to pay Rs.5,000/- per month in the absence of any prayer or supporting documents. 4. Petition is not maintainable as the relief sought for being not within the provisions of Act and the Assistant Commissioner has exceeded his jurisdiction granting the maintenance of Rs.5,000/- in the absence of any prayer or supporting averment in the petition. Hence seeks for quashing of the impugned order. 5. Learned counsel appearing for the respondent No.2 justifying the order submits that petitioner is aged 87 years. - 5 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 Though the property is standing in his name, the same is subject matter of a suit in O.S.No.240/2007 which was filed for partition by the petitioner himself and which is at the stage of final decree proceedings. Petitioner is not able to meet his own requirement as he does not have any independent income. As regards the accommodations concerned, she submits respondent No.2 is not in a position to accommodate his daughters when they visit house in view of the behaviour of the wife of his second son. She further submits, respondent No.2 finds it difficult to accommodate his daughters in his house as and when they visit. That also has to be considered as the inconvenience of the amenities of the senior citizens. 6. Heard and perused the records. 7. The petition filed by the respondent No.2 before the Assistant Commissioner do not whisper anything about he having any financial difficulty or he having been deprived of any amenities for his day to day life. It only reads that he is residing with his second son. And as and when his daughters visit his house, his daughter-in-law is not taking care of his daughters, which is causing difficulty. Therefore, he wants - 6 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 ground floor portion of the house let out by the petitioner herein to accommodate his daughters. 8. As rightly pointed out by learned counsel for petitioner, no such relief can be granted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short `Act 2007'). Further, the report called for by the Assistant Commissioner, pursuant to the complaint, also does not support the case of respondent No.2 of he having difficultly or sufferings. On the other hand, the said report indicates that respondent No.2 is well secured, he having his own house and 5 acres 29 guntas of agricultural land. 8. In that light of the matter, petition succeeds and is allowed. Impugned order dated 29.08.2022 at Annexure-F passed by the respondent No.1 is quashed. 9. Learned counsel for the petitioner at the juncture voluntarily submits that the petitioner is always ready and willing to take care of his father during his lifetime providing all amenities required for his comfort. He further submits he has no inhibition or difficulty in his sisters and respondent No.2 - 7 - HC-KAR NC: 2026:KHC:30144 WP No. 20651 of 2022 visiting his house and he would discharge all the pious obligation required to be discharged. Submission placed on record. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 49