Karnataka High Court
Sri Gangareddy vs The Assistant Commissioner on 5 August, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2024:KHC:30834
WP No. 23070 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 23070 OF 2021 (GM-RES)
BETWEEN:
SRI GANGAREDDY
S/O SRI NARASEEYAPPA,
AGED ABOUT 44 YEARS,
R/O KASHAPURA VILLAGE,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK,
TUMKUR DISTRICT -572129
...PETITIONER
(BY SRI. NITISH K.N., ADVOCATE FOR
SRI. K V NARASIMHAN.,ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
MADHUGIRI SUB DIVISION, MADHUGIRI,
TUMKUR DISTRICT - 572 132.
Digitally
signed by 2. SRI. NARASEEYAPPA
SUMA B N S/O LATE GANGAPPA,
Location: AGED ABOUT 79 YEARS,
High Court of
Karnataka
3. SRI LAKSHMINARASAPPA
S/O NARASEEYAPPA, MAJOR
4. SRI NARASIMHARAJU
S/O NARASEEYAPPA, MAJOR
5. SRI LAKSHMAIAH
S/O NARASEEYAPPA, MAJOR
6. SRI RAVIKUMAR
S/O NARASEEYAPPA, MAJOR
-2-
NC: 2024:KHC:30834
WP No. 23070 of 2021
7. SRI BALAKRISHNA
S/O NARASEEYAPPA, MAJOR
ALL ARE R/O KASHAPURA VILLAGE,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572 129.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N.HCGP FOR R1;
SRI. CHANDRAIAH, ADVOCATE FOR R3 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 10.08.2021 PASSED IN MISC.C.R.45/2020.21 BY THE
1ST RESPONDENT AT ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
This petition is filed seeking validity or otherwise of
the order dated 28.07.2021 in MISC.C.R.45/2020.21
passed by respondent No.1/Assistant Commissioner in
terms of which a registered deed of partition dated
18.09.2006 entered into between the petitioner and the
respondent Nos.2 to 7 to the extent of land in Sy.No.95/P4
measuring 3 acres 19 guntas situated at Kashapura
Village, Holavanahalli Hobli, Korategere Taluk, has been
cancelled and the mutation entries effected in respect of
NC: 2024:KHC:30834
the said property in M.R.H.No.14/2006-07 has also been
directed to be cancelled.
2. Counsel for the petitioner submits that
respondent No.2 who is the father of the petitioner and
respondent Nos.3 to 7 for whose benefit the order that
was passed, is no more and he is survived by the
petitioner and the respondent Nos.3 to 7. He further
submits that the order per se is illegal as an application
under Section 23 of the Maintenance and Welfare of the
Parents and Senior Citizens Act, 2007, is wrongly applied
to the facts and circumstances of the case. He submits
that the validity or otherwise of the transaction by way of
partition cannot brought under the purview of the Act,
unless a special case is made out that the allotment of the
shares were subject to undertaking by the allottee of
providing maintenance to the parents. He relies upon the
judgment of the Co-ordinate Bench of this Court in the
case of Anupama and Ors. vs. The Assistant
Commissioner and the President, Maintenance and
NC: 2024:KHC:30834
Welfare of Parents and Senior Citizens Act, 2007 and
ors. passed in W.P.No.147066/2020 decided on
01.04.2021 and seeks for allowing of the petition.
3. Learned HCGP on the other hand fairly submits
that transaction involving partition of the property unless a
case of a provision made out in favour of senior citizen is
not applicable. He also does not dispute that the order was
passed for the benefit of the respondent No.2 and since
deceased the order would become infructuous.
4. Submission is taken on record.
5. In that view of the matter, petition is allowed.
The order dated 28.07.2021 passed by the respondent
No.1 at Annexure-M is set aside.
Sd/-
(M.G.S. KAMAL)
JUDGE
