- 1 - HC-KAR NC: 2026:KHC:32483 WP No. 19337 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19337 OF 2026 (GM-RES) BETWEEN: SRI. V. UDAYA KUMAR, S/O LATE R.VARADARAJU, AGED ABOUT 60 YEARS, RESIDING AT NO.5, MANSURIA LANE, OTC ROAD, COTTONPET, BENGALURU – 560 010. …PETITIONER (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SRI. SIRI RAJASHEKAR.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, BENGALURU NORTH DIVISION, BENGALURU-560 001. 2. SMT. V. RUKMINI, W/O LATE R. VARADARAJU, AGED ABOUT 86 YEARS, RESIDING AT NO.5, MANSURIA LANE, OTC ROAD, COTTONPET, BENGALURU – 560 010. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32483 WP No. 19337 of 2026 THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROCEEDINGS IN MSC NO.59/2026 PENDING BEFORE THE R1 ASSISTANT COMMISSIONER AND MAINTENANCE TRIBUNAL, BENGALURU NORTH DIVISION VIDE ANNEXURE-B AND DECLARE THAT THE ASSISTANT COMMISSIONER/ MAINTENANCE TRIBUNAL HAS NO JURISDICTION TO ADJUDICATE ALLEGATIONS RELATING TO FRAUD, FORGERY, FABRICATION AND VALIDITY OF REGISTERED INSTRUMENTS SUCH AS GPA DATED 19/04/2021 ANNEXURE-C AND RELEASE DEED DATED 20/04/2022 ANNEXURE-C1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for the respondent No.1. 2. Petitioner is before this Court seeking for the following reliefs:- "a) Issue a writ of Certiorari or any other appropriate writ quashing the proceedings in MSC No.59/2026 pending before the 1st Respondent- Assistant Commissioner and Maintenance Tribunal, Bengaluru North Division vide Annexure-B; - 3 - HC-KAR NC: 2026:KHC:32483 WP No. 19337 of 2026 b) Declare that the Assistant Commissioner/Maintenance Tribunal has no jurisdiction to adjudicate allegations relating to fraud, forgery, fabrication and validity of registered instruments such as GPA dated 19.04.2021, Annexure-C & release deed dated 20.04.2022, Annexure-G and c) Pass such other order or direction as this Hon’ble Court deems fit in the interests of justice and equity." 3. Respondent No.2 having filed the proceedings before respondent No.1 in MSC No.59/2026 under Sections 5, 23 and 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the Act', for short) seeking for setting aside General Power of Attorney and Release Deed, the petitioner is before this Court. 4. The submission of Sri.D.R.Ravishankar, learned Senior counsel is that Section 23 of the Act contemplates a twin test firstly, that a document has to be executed by a senior citizen and secondly, that there must be an obligation undertaken under the said document to take care of the maintenance of the - 4 - HC-KAR NC: 2026:KHC:32483 WP No. 19337 of 2026 senior citizen. On that ground, he submits that in the present case, when the respondent No.2 has denied the execution of the document, the respondent No.1 would not have jurisdiction to take up such a matter. 5. This Court is unable to accept the same at this stage. What has been challenged is, the notice which has been issued by the respondent No.1. The proceedings have to be taken up by the respondent No.1. The aspect of whether the Assistant Commissioner would have jurisdiction in the circumstances indicated by the petitioner would have to be examined by the respondent No.1 independently. 6. The question would be whether the Assistant Commissioner would have jurisdiction over a document which is denied to be executed by the senior citizen. This aspect has been raised by the petitioner in this proceedings. It can also be raised by the petitioner before the Assistant Commissioner, - 5 - HC-KAR NC: 2026:KHC:32483 WP No. 19337 of 2026 who would have to independently assess the same and pass necessary orders in accordance with law. 7. Leaving all the contentions open, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 18