Sri R R Rakesh Vs Assistant Commissioner

ASSISTANT COMMISSIONER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS, BENGALURU NORTH SUB DIVISION KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560009.

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THE SUB REGISTRAR 2^ND MAIN, SERVICE ROAD, NEAR BUS STOP, VIJAYANAGAR, BANGALORE 560040

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RAMESH R N S/O NANJAIAH AGED ABOUT 71 YEARS R/A NO. 248, 12^TH MAIN, BEML LAYOUT BASAWESHWARANAGAR BENGALURU 560079.

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…RESPONDENTS

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NC: 2025:KHC:54050 WP No. 17411 of 2024

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HC-KAR

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(BY SRI. H.R. GIRIDHAR., ADVOCATE FOR R3; SMT. SARITHA KULKARNI., AGA FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE OR QUASHING THE ORDER DTD 12.03.2024 AT ANNEXURE-H PASSED IN MSC/CR/31/2023 PASSED BY THE R-1 AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs:

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A. Issue a writ in the nature of certiorari setting aside or quashing the order dt:12-03-2024 at ANNEXURE-H passed in MSC/CR/31/2023 by the Respondent No.1.

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B. Issue a writ in the nature of certiorari setting aside or quashing the encumbrance/cancellation of Gift Deed dt:3-7-2020 by Respondent No.2 at ANNEXURE-J, on the basis of ANNEXURE-H.

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C. Issue a writ of Mandamus directing the Respondent No.2 to restore the As Per Annex-D 7.2020 Gift Deed dated 03.07.2020 as per Annexure-D in name of the Petitioner. A

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D. Grant such other reliefs as this Hon'ble Court may deem fit under facts and circumstances of the above case.

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Sri.Ramesh R.N., son of Nanjaiah, identified by his counsel, the Respondent No.3/Father is present before this court. On enquiry, he submits that the tenant is making payment of the ground floor rentals directly into his account, and he has been receiving the same for using it for his maintenance. His submission is that the petitioner/Son having agreed to make payment of a sum of ₹10,000/- every month, as also to take care of his medical expenses, the Respondent No.3/Father is no longer interested in prosecuting the proceedings under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) which has been filed by him or implementing the orders passed in his favour.

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Sri.R.R.Rakesh, the petitioner/son, who is before this court and identified by his counsel, submits that the ground floor rental will continue to be paid by the tenant directly to his father, Sri.Ramesh.R.N.,

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respondent No.3, and that he will make payment of a sum of ₹ 10,000/- per month to respondent No.3/Father for his maintenance before the 10^th of every month, which shall be deposited into the bank account of the Respondent No.3/Father. Petitioner/Son having availed group insurance, Respondent No.3/father is also covered under the said Group Insurance provided by his company.

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Their submissions are placed on record. In view of a settlement which has been arrived at between the father and son, wishing them all the very best, the matter would have to be disposed, in terms of the settlement arrived at.

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Learned AGA had submitted that the order passed by the Assistant Commissioner or the Deputy Commissioner is physically forwarded to the jurisdictional Sub-Registrar, jurisdictional police or the like for necessary action and implementation. On inquiry as to whether there is a monitoring

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mechanism which has been established, she submits that there is no such monitoring mechanism which has been established.

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In that view of the matter, I am of the considered opinion that general directions are required to be issued to the Principal Secretary, Revenue Department, Government of Karnataka, for the establishment of a structured, technology-driven mechanism for the effective implementation, tracking, and enforcement of the orders passed by the Assistant Commissioner or the Deputy Commissioner under the provisions of the

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Maintenance and Welfare of Parents and Senior

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Citizens Act, 2007 (MWPSC Act) . Accordingly, the

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Principal Secretary, Revenue Department, with the assistance and technical support of the Principal

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Secretary, e-Governance Department, is directed to forthwith undertake the following measures:

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NC: 2025:KHC:54050 WP No. 17411 of 2024

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GENERAL DIRECTIONS

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7. PREAMBLE AND CONTEXTUAL NECESSITY

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a. The instant petition exposes a systemic fissure in the administration of social justice legislation in the State of Karnataka. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) was enacted to provide a speedy and inexpensive mechanism for the protection of the life and property of senior citizens. However, the cases coming up before this court reveal a disturbing "Compliance Vacuum" between the adjudication of rights by the Tribunal and the actual enforcement of those rights on the ground.

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b. It has been submitted by the learned Additional Government Advocate that orders passed by the Assistant Commissioner (Maintenance Tribunal) or the Deputy Commissioner (Appellate Tribunal) are currently “physically forwarded” to the jurisdictional Sub-Registrar, Police Station, or Tahsildar via post or foot constable. This manual transmission suffers from high latency, lack of accountability, and susceptibility to suppression, thereby defeating the very object of the Act.

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c. A senior citizen, having secured an order for eviction or annulment of a property transfer after a protracted legal battle, cannot be expected to run from pillar to post to have the said order enforced. The “last mile” of justice delivery cannot be left to the vagaries of manual files and postal delays.

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d. In view of the above, and exercising the powers conferred under Article 226 of the Constitution of India, I deem it necessary to issue General Directions to the State Government to

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engineer a paradigm shift from a “File-based” administration to a “Data-driven” enforcement regime. The following directions shall be implemented strictly within the timelines prescribed.

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8. DIRECTIONS REGARDING TECHNOLOGICAL ARCHITECTURE AND INTEGRATION

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a. Establishment of the “K-SCPED” Middleware:

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i. The Principal Secretary, Department of e- Governance, in coordination with the Principal Secretary, Revenue Department, is hereby directed to design, develop, and deploy a unified digital middleware, hereinafter referred to as the “Karnataka Senior Citizens Protection & Execution Dashboard (K-SCPED)”.

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ii. This Dashboard shall not merely be a visualisation tool but a transactional workflow engine capable of two-way API (Application Programming Interface) communication.

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iii. The K-SCPED shall serve as the "Single Source of Truth" for all proceedings under the Act, seamlessly integrating with the existing Revenue Court Case Monitoring System (RCCMS).

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b. Mandatory Inter-Departmental API Integration: The State Government is directed to break down the information silos between departments by implementing real-time API bridges between the K-SCPED/RCCMS and the following databases:

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i. Kaveri 2.0 (Department of Stamps and Registration): To enable real-time fetching of property encumbrance data and auto-locking of properties upon the institution of proceedings under Section 23 of the Act.

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ii. Police IT / CCTNS (Home Department ): To enable the digital transmission of eviction warrants and protection orders directly to the Station House Officer (SHO) of the jurisdictional police station.

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iii. Bhoomi (Land Records): To ensure that orders annulling property transfers are immediately reflected in the Record of Rights, Tenancy and Crops (RTC/Pahani) without requiring a separate application for mutation.

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iv. Kutumba (Social Registry): To verify the familial relationship between the applicant and the respondent, and to assess the economic status for legal aid eligibility.

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9. DIRECTIONS REGARDING THE ADJUDICATORY PROCESS (TRIBUNAL)

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a. Filing and Intake of Applications

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i. The Assistant Commissioner shall ensure that every application filed under the Act is mandatorily registered on the RCCMS portal.

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ii. If an application involves a prayer for the annulment of a transfer of property under Section 23, the system must compel the entry of the Registration Number of the subject deed.

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iii. The system shall automatically fetch the metadata of the said deed (Date, SRO Office, Parties) from the Kaveri 2.0 database to prevent errors in property description.

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b. Automatic Generation of “Lis Pendens” / Interim Locking

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i. Immediately upon the admission of a petition seeking annulment of a gift deed or release deed, the RCCMS shall trigger an API call to Kaveri 2.0.

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ii. This API call shall generate an automatic “Administrative Lock” or a “Lis Pendens” entry in the Encumbrance Certificate (EC) of the subject property.

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iii. The Department of Stamps and Registration shall ensure that once this lock is active, the Sub-Registrar's system shall technically reject any further alienation, mortgage, or hypothecation of the said property until the final disposal of the case.

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iv. This measure is imperative to prevent the respondent (transferee) from creating third-party rights during the pendency of the litigation to frustrate the senior citizen/parent's claim.

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c. Digital Signing of Orders

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i. All interim and final orders passed by the Tribunal must be digitally signed by the Presiding Officer (Assistant Commissioner/Deputy Commissioner) using a DSC (Digital Signature Certificate) or Aadhaar e-Sign.

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10. DIRECTIONS REGARDING EXECUTION OF ANNULMENT ORDERS (SECTION 23)

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a. Zero-Latency Transmission to Sub-Registrar

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i. Upon the passing of a final order declaring a transfer “void” under Section 23, the RCCMS shall instantaneously push an XML data packet to the Kaveri 2.0 system.

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ii. This data packet shall contain the Case Number, the Deed Number to be cancelled, and the Digitally Signed Order of the Tribunal.

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b. Auto-Cancellation and Encumbrance Update

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i. The Inspector General of Registration (IGR) shall ensure that the Kaveri 2.0 software is configured to auto-process the XML packet received from the Tribunal.

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ii. Upon receipt, the system shall automatically generate a “Cancellation Entry” against the original Gift Deed/Release Deed.

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iii. The Encumbrance Certificate (EC) must be updated in real-time to reflect that the title has reverted to the Senior Citizen.

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iv. This process must be completed within 24 hours of the order being signed, without requiring the Senior Citizen’s physical presence at the Sub-Registrar’s Office.

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c. Consequential Mutation in Bhoomi

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i. Once the cancellation is recorded in Kaveri 2.0, the system shall trigger a “J-Slip” (Mutation Request) to the Bhoomi database.

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ii. The Revenue Department shall create a “Fast-Track Mutation Workflow” for MWPSC cases, wherein the Revenue Inspector shall approve the mutation restoring the Senior Citizen’s name in the RTC within 7 days, dispensing with the 30-day notice period usually required for contested mutations, as the Tribunal’s order is a decree in rem.

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11. DIRECTIONS REGARDING EXECUTION OF EVICTION AND PROTECTION ORDERS

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a. Integration with Police IT (CCTNS)

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i. Where the Tribunal passes an order for the eviction of a son, daughter, or relative to ensure the safety of the senior citizen, the order shall be transmitted digitally to the State Police Headquarters server.

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ii. The system shall use GIS (Geographic Information System) mapping to identify the jurisdictional Police Station based on the Senior Citizen's residence address.

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iii. The order shall appear as a "Priority Task" / "Red Alert" on the Station House Officer's (SHO) dashboard in the Police IT application.

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b. Execution Protocol and Feedback Loop

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i. The Director General and Inspector General of Police (DG & IGP) shall issue a Standing Order mandating that MWPSC eviction orders are executed as expeditiously as possible.

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ii. The SHO shall not re-adjudicate the matter or relegate the parties to a Civil Court. The Tribunal’s order is binding and executable as a decree.

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iii. Upon execution of the eviction, the SHO shall upload the Mahazar (Report of Execution) and geo-tagged photographs of the property handover directly into the Police IT application.

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iv. The RCCMS/Dashboard shall pull back this “Action Taken Report" (ATR) to close the compliance loop.

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v. If the ATR is not uploaded within the stipulated time, the Dashboard shall automatically trigger an escalation notice to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the district.

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12. DIRECTIONS REGARDING ACCOUNTABILITY AND MONITORING

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a. Date and Time Stamping

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i. Every action in the workflow—filing, notice generation, order signing, transmission to Sub-Registrar/Police, and final execution— shall be date and time-stamped.

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ii. This audit trail shall be immutable.

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iii. The Dashboard shall display a "Compliance Clock" for every disposed

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case. If an order remains unexecuted for more than 30 days, it shall be flagged in Red for the review of the Deputy Commissioner.

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b. Restrictions on Appellate Remedy

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i. In light of the law laid down by this Court regarding the exclusivity of the right to appeal under Section 16, the software logic of the Appellate Module must be configured to validate the appellant's identity.

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ii. The system shall flag an appeal before the Deputy Commissioner if the appellant is the “Respondent” (Child/Relative) from the lower court proceedings and inform the appellant of the maintainability of the Appeal.

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13. TIMELINES FOR IMPLEMENTATION

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a. The State Government is granted a period of three months from today to develop, test, and roll out the integrated K-SCPED system.

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b. A compliance report, accompanied by a demonstration of the software integration between RCCMS, Kaveri 2.0, and Police IT, shall be filed before this Court by the Principal Secretary, e-Governance on or before 18.03.2025.

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The Joint memo filed by the parties with regard to settlement reads as under:

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JOINT MEMO

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The Petitioner and the Respondent most humbly submit as follows:

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1. The Petitioner had filed the above Petition for setting aside or quashing the order dt:12-03-2024 passed in MSC/CR/31/2023 by the Respondent No.1 at Annexure-H and consequently setting aside or quashing the encumbrance/cancellation of Gift Deed dt:3-7-2020 at Annexure-J before this Hon'ble Court.

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2. The Petitioner is the absolute owner and in peaceful possession of the site bearing No.248 formed in Sy.No.28/3, Sy.No.32 and Sy.No.33 situated at 1st Stage, 12th Cross, BEML Layout, Basaveshwaranagar, Sanegorvanahalli, Yeshwanthapura Hobli, Bengaluru North Taluk, (hereinafter and hereinunder referred as Said Property) having acquired under the registered Gift Deed dt:3-7-2020 executed by Sri.Ramesh.R.N. i.e., the Respondent No.3 herein

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3. Due to some mis-understanding and ill-advise the Respondent No.3 had initiated proceedings before the Assistant Commissioner, Bengaluru North SubDivision in case No. MSC/CR/31/2023 against the Petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as a result the impugned order was passed.

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4. The Petitioner and Respondent No.3 have now cleared the misunderstanding between themselves and the Respondent No.3 has realized that the above proceedings before the Assistant Commissioner was filed without acknowledging the monthly maintenance being paid to him through his bank account all along by the Petitioner regularly in addition to that the entire rents derived from the ground floor of the property in question was handed over to the Respondent No.3 every month and also that the Gift Deed dated:-3-07-2020 was absolute in favour of the Petitioner without there being any conditions reserved or imposed on the Petitioner.

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Further, the Respondent No.3 also acknowledges that the Petitioner is taking care of his entire medical expenses through health insurance policy by paying huge premiums.

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5. The Petitioner submits that due to the interference of the elders and well-wishers have decided to resolve the dispute amicably.

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6. The Respondent No.3 herein confirms and agrees that the Respondent No.3 had executed a registered Gift Deed dt:-03-07-2020 out of love and affection with respect to the Schedule Property in favour of Petitioner and the same is absolute and unconditional.

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7. The Petitioner and Respondent No.3 submit that the Petitioner is paying and will continue to pay the monthly allowance for the basic needs of the Respondent No.3 and also continue to deposit the rent paid by the tenant of the ground floor of the Schedule Property to the Respondent No.3 every month.

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8. The Respondent No.3 submits that the Respondent No.3 has no objection to allow the above petition filed by the Petitioner.

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WHEREFORE, the Petitioner and Respondent No.3 most humbly pray that this Hon'ble Court be pleased to allow the above Petition as per the terms of this joint memo in the interest of justice and equity.

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Taking the settlement on record, I pass the following:

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ORDER

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i. Subject to the above Undertakings being complied, a certiorari is issued. The order dated 12.03.2024 at Annexure-H passed in MSC/CR/31/2023 by respondent No.1 is set aside.

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ii. Consequently, the entry made by respondent No. 2 on the order passed by respondent No. 1 and cancelling the gift deed dated 03.07.2020 is set aside. Respondent No. 2 is directed to restore the registration of the gift deed on the file of respondent No. 2 within a period of 30 days from the date of receipt of the copy of the order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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LN List No.: 2 Sl No.: 21

Sri R R Rakesh v. Assistant Commissioner

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Sri R R Rakesh v. Assistant Commissioner

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