Umesh T M vs Smt. Kamalamma
2023 Latest Caselaw 2977 Kant

                                              -1-
                                                    NC: 2023:KHC:19266
                                                       WP No. 9366 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF JUNE, 2023

                                           BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                       WRIT PETITION NO. 9366 OF 2023 (GM-RES)

                   BETWEEN:

                   UMESH T M,
                   S/O LATE T V MANJAPPA,
                   AGED ABOUT 37 YEARS,
                   THALURU VILLAGE, KODLIPETE HOBLI,
                   SOMWARPET TALUK,
                   KODAGU DISTRICT 571 237.
                                                              ...PETITIONER
                   (BY SRI. M J ALVA.,ADVOCATE)

                   AND:

                   1. SMT. KAMALAMMA
                      W/O LATE RANGE GOWDA,
                      AGED ABOUT 75 YEARS
Digitally signed      JANARDHANALLI VILLAGE,
by SHARADA            NEERUGUNDA POST, KODLIPETE HOBLI,
VANI B                SOMAWARPETE TALUK,
Location: HIGH        KODAGU DISTRICT 571 237.
COURT OF
KARNATAKA          2. J R KIRAN
                      S/O J R RANGE GOWDA
                      JANARDHANALLI VILLAGE,
                      NEERUGUNDA POST, KODLIPETE HOBLI,
                      SOMAWARPETE TALUK,
                      KODAGU DISTRICT 571 237.

                   3. THE TRIBUNAL FOR MAINTENAME & WELFARE
                      OF PARENTS AND SENIOR CITIZENS &
                                 -2-
                                        NC: 2023:KHC:19266
                                               WP No. 9366 of 2023



     ASST. COMMISSIONER,
     MADIKERI SUB DIVISION,
     KODAGU DISTRICT - 571 234.
                                        ...RESPONDENTS
(BY SRI. DHANANJAYA D L.,ADVOCATE FOR R1;
    SMT.RASHMI PATEL., AGA FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER NO. SCM NO. 85/2022-23 DTD
30/03/2023 PASSED BY THE TRIBUNAL FOR MAINTENANCE
AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASST.
COMMISSIONER, MADIKERI SUB-DIVISION, KODAGU DIST./R-
3 ALLOWING THE PETITION FILED BY THE R-1 UNDER SEC 23
OF THE MAINTENANCE AND WELFARE OF PARENTS AND
SENIOR CITIZENS ACT, 2007 AND THEREBY CANCELLING THE
GIFT DEED NO. 2271/2012-13 DTD 14/02/2013 EXECUTED BY
THE R-1 IN FAVOUR OF THE R-2 WHICH IS PRODUCED AT
ANNEXURE-A.

    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

The subject matter of this Writ Petition is

substantially similar to the one in W.P.No.21179/2021

(GM-RES) between H C RAGHU vs THE ASSISTANT

COMMISSIONER & ANOTHER, disposed off by this Court

on 30.05.2023, wherein operative portion of the said

judgment reads as under:

"In the above circumstances, the Writ Petition succeeds; a Writ of Certiorari issues quashing the impugned order.

Costs made easy."

NC: 2023:KHC:19266 WP No. 9366 of 2023

2. A Division Bench of this Court in W.A.Nos. 932-

933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF

KARNATAKA BY ITS COMMISSIONER & SECRETARY

disposed of on 11.12.1974, has held that the Court should

treat the like-cases alike and if relief is granted to a

litigant it has to be extended to a similarly circumstanced

litigant as well, there being no derogatory circumstances.

In view of the above, this Writ Petition is also

favoured; a Writ of Certiorari issues quashing the

impugned order.

This order shall be restored as they were before on

the production of a copy of this order within thirty days

failing which, the concerned revenue official may be

saddled with heavy costs on a memo being moved.

Now, no costs.

Sd/-

JUDGE Bsv