- 1 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 27421 OF 2023 (GM-RES) BETWEEN: 1. SRI C KIRITAPPA S/O LATE SRI CHOWRAPPA, AGED ABOUT 72 YEARS, R/AT ALPHONSEANAGAR VILLAGE, DANNDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573116 2. SRI VASURAJU S/O SRI C KIRITAPPA, AGED ABOUT 45 YEARS, R/AT NO 10, ANTHONY ANNAMMA NILAYA, C LAYOUT, BASAVANAPURA, BANNERGHATTA MAIN ROAD, BENGALURU -560083 …PETITIONERS (BY SRI. VENKATESH R BHAGAT, ADVOCATE) AND: 1. SMT S PILOMINA C/O SRI C KIRITAPPA, AGED ABOUT 66 YEARS, R/AT ALPHONSEANAGAR VILLAGE, DANNDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 573116 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT- 573201 HASSAN AND APPELLATE AUTHORITY UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT, 2007 3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN DISTRICT -573201 AND AUTHORITY UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT, 2007 4. THE TAHSILDAR CHANNARAYAPATNA -573116 HASSAN DISTRICT 5. SRI VINSENT DAVID KUMAR C/O SRI C KIRITAPPA, AGED ABOUT 49 YEARS, R/AT ALPHONSEANAGAR VILLAGE, DANNDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 573116 …RESPONDENTS (BY SRI. SHIVARAMU H C., ADVOCATE FOR R1, SMT.B.SUKANYA BALIGA, AGA FOR R2 TO R4 SRI.MADHU J.N., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)CALL FOR THE RECORDS PERTAINING TO THE IMPUGNED ORDER DATED 17/10/2023 PASSED BY THE R2 DEPUTY COMMISSIONER HASSAN AT NO.MAG.HI.NA.RA./288/2022-23 PURPORTING TO BE ACTING UNDER SECTION 9(2) OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 AT ANNEXURE-A AND b) QUASH THE IMPUGNED ORDER DATED 17/10/2023 AT ANNEXURE-A PASSED BY THE R2 DEPUTY COMMISSIONER, HASSAN AT - 3 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 NO.MAG.HI.NA.RA./288/2022-23 DIRECTING TO HAND OVER THE POSSESSION OF 01 ACRE 20 GUNTAS OF LAND IN FAVOUR OF THE R1 AND ALSO DIRECTING PETITIONER NO. 2 TO PAY A SUM OF Rs.2,000/- (RUPEES TWO THOUSAND ONLY) TOWARDS MAINTENANCE PURPORTING TO BE ACTING UNDER SECTION 9(2) OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007. 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 ORAL ORDER Petitioner No.1 is the husband of respondent No.1 and petitioner No.2 and respondent No.5 are the children of petitioner No.1 and respondent No.1. 2. Petitioner No.1 had filed a petition before the Assistant Commissioner, Hassan seeking mutation of revenue entries in respect of land measuring 4 acres forming part of Survey No.46 in the joint names of his sons, his wife and himself. Pursuant to which, Assistant Commissioner in purported exercise of his power under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short `Act, 2007) by order dated 26.08.2022 has directed to enter the name of petitioner No.1 and respondent No.1 jointly in the - 4 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 revenue records. Being aggrieved, respondent No.1 has preferred an appeal under Section 16 of the said Act, 2007 seeking cancellation of the order for joint revenue entry and has further sought for division of the property and allotment of 1 acre 30 guntas in her favour. The Deputy Commissioner by impugned order has allowed the said appeal directing division of the property, allotting 1 acre 30 guntas together with house existing thereon in favour of respondent No.1 and has further directed the sons namely petitioner No.2 and respondent No.5 to pay Rs.2,000/- each to her towards her maintenance. Being aggrieved by the same petitioners are before this Court. 3. Learned counsel for petitioners at the outset submit both respondent No.2-Deputy Commissioner and respondent No.3-Assistant Commissioner have grossly erred in passing the impugned order without having any authority or jurisdiction in purported exercise of power under the Act, 2007. He submits dispute is essentially between the husband and wife. Even if it is so, neither can these two authorities direct for partition of property nor can direct for providing maintenance by the husband to the wife. Order being one without jurisdiction, he insists the same to be quashed. However, he fairly submits that - 5 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 petitioner No.1 is willing to pay Rs.5,000/- towards maintenance. This is in addition to the direction given by the Deputy Commissioner to petitioner No.2 and respondent No.5 to pay Rs.2,000/- each to respondent No.1. 4. In response, learned counsel appearing for respondent No.1 fairly submits the order passed for partition cannot be sustained and however, in the light of submission made by learned counsel for petitioners that petitioner No.1 is willing to pay Rs.5,000/- towards maintenance, he submitted the same be recorded and made as an order of the Court. 5. Heard and perused the records. 6. The order passed by Assistant Commissioner as well as Deputy Commissioner as noted above for partition of the property which admittedly belonged to petitioner No.1 is unsustainable as the same is not traceable to any of the provisions of the Act, 2007 or any other law under which the respondent No.2 and respondent No.3 could have passed such an order which is within the domain of the competent Court of the Civil Jurisdiction to the extent of partition of property. - 6 - HC-KAR NC: 2026:KHC:3504 WP No. 27421 of 2023 7. It is submitted that a suit in O.S.No.863/2023 for partition is pending consideration. Parties are at liberty to seek such remedy as may be available under law. 8. As regards the order directing petitioner No.2 as well as respondent No.5 to pay Rs.2,000/- per month as maintenance to respondent No.1, same does not require any interference. Since petitioner No.1 has agreed and undertaken to pay Rs.5,000/- per month, he shall pay and continue to pay the said amount on and from the date of this order. It is further made clear, petitioner No.2 shall pay and continue to pay the amount of Rs.2,000/- from the date of the order passed by the Deputy Commissioner and arrears if any shall be paid in two installments within an outer limit of two months from today. 9. All the rights of the parties, if any, to the property is kept open to be urged in the pending suit. Petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 40