H. R.Lalitha v. the State of Karnataka

Karnataka HC25 Nov 2025WP/35165/2025

Case brief

AI extract

What is this about?

Senior citizens; maintenance of parents; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 S.23; gift deed cancellation; MSC No.25/2025; police protection; installation of lift; monthly maintenance and medical expenses; Deputy Commissioner Bengaluru; appeal against dismissal for non-prosecution; mandamus; Articles 226 and 227 Constitution of India; NC: 2025:KHC:48606; WP No. 35165 of 2025 (GM-RES); Justice Suraj Govindaraj; petition disposed.

What did the court decide?

Direction to respondent No.2 to consider the petitioner's appeal and pass necessary orders expeditiously, at any rate within fifteen days from the date of service of notice in that matter. ¶¶48

H. R.Lalitha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 to consider the petitioner's appeal and pass necessary orders expeditiously, at any rate within fifteen days from the date of service of notice in that matter.

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Issue for consideration

Whether respondent No.4 should be directed to consider the petitioner's representation dated 12/11/2025 vide Annexure-F. +4 more

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Court's answer

Respondent No.2 (Deputy Commissioner) is directed to consider the appeal filed by the petitioner and pass necessary orders as expeditiously as possible, at any rate within fifteen days from the date of service of notice in that matter.

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Ratio / Principle

Proceedings for installation of a lift with police protection or the like, and for monthly maintenance and medical expenses, cannot be maintained directly before this Court as they fall within matters pending before the Assistant Commissioner.

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Key takeaways

So long as the Gift Deed remains in force, ownership of the property is yet to be determined by the Assistant Commissioner (the sentence continues past the '- 5 -' page break, completing in 'the Assistant Commissioner').ratio¶¶43

Detailed headnote1 paragraphs

Writ Petition No. 35165 of 2025 (GM-RES), High Court of Karnataka (Suraj Govindaraj J.), disposed on 25.11.2025 [NC: 2025:KHC:48606] — A 95-year-old widow sought mandamus directing the Director, Empowerment of Differently Abled and Senior Citizens (R4) to consider her representation dated 12/11/2025 (Annexure-F), police protection (R5) against her daughters and grandchildren (R6–R11) to install a lift, permission to construct the lift (R1–R4), and monthly maintenance/medical expenses or sale of land (R6–R11). Disposing the petition, the Court held such proceedings cannot be maintained directly before it: the maintenance claim is pending before the Assistant Commissioner in MSC No.25/2025, and while the Gift Deed is in force ownership remains to be determined by the Assistant Commissioner in the pending Section 23 cancellation application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Deputy Commissioner (R2) was directed to consider the petitioner's appeal and pass orders within fifteen days of service of notice.

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NC: 2025:KHC:48606 WP No. 35165 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35165 OF 2025 (GM-RES)

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BETWEEN:

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H. R.LALITHA W/O LATE H R RANGASWAMY, AGED ABOUT 95 YEARS, R/AT NO.176, 9^TH MAIN, 38^TH CROSS, 5^TH BLOCK, JAYANAGAR, BENGALURU-560 041.

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…PETITIONER

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(BY SRI. ARVIND N., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT BANGALORE - 560 001.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE DEPUTY COMMISSIONER BENGALURU, ADDRESS KANDAYA BHAVANA, K G ROAD, BANGALORE-560 009.

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, ADDRESS KANDAYA BHAVANA, K G ROAD, BANGALORE-560 009.

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THE DIRECTOR THE EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZEN R/AT IST FLOOR, PODIUM BLOCK, V V TOWER, DR. B R AMBEDKAR VEEDHI, BANGALORE-560 001.

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2 - NC: 2025:KHC:48606 WP No. 35165 of 2025

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HC-KAR

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THE POLICE INSPECTOR JAYANAGARA POLICE STATION ADDRESS 156/1, 6^TH MAIN ROAD, 4^TH BLOCK, JAYANAGAR, BENGALURU, KARNATAKA-560 011.

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SMT. H R SARVAMANGALA @ SARVAMANGALA RAVINDRA D/O LATE H S RANGASWAMY, W/O SRI G K RAVINDRA, AGED ABOUT 60 YEARS, R/AT FLAT NO.1502, D BLOCK, MANTRI GREENS APARTMENT, SAMPIGE MAIN ROAD, MALLESHWARAM, BANGALORE-560 003.

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SMT H R RANGANAYAKAMMA @ ASHA VISHWANATH D/O LATE H S RANGASWAMY W/O SRI H R VISHWANATH, AGED ABOUT 65 YEARS, R/AT NO.176, 9^TH MAIN ROAD, 38^TH CROSS, JAYANAGAR V BLOCK, BANGALORE-560 041.

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SMT H.R. UMADEVI @ USHA SHRIDHAR D/O LATE H S RANGASWAMY W/O SRI G S SHRIDHAR, AGED ABOUT 62 YEARS, R/AT FLAT NO.1004, ELANA TOWER III, THE PROMONT, SY NO. 168, OFF 3^RD MAIN ROAD, HOSKEREHALLI, BSK III STAGE, BANGALORE-560 085.

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SMT H R ANURADHA @ ARUNA RAJ D/O LATE H S RANGASWAMY, W/O SRI M G VARADARAJ, AGED ABOUT 54 YEARS, R/AT NO.965, A BLOCK, V MAIN, DATTAGALLI III STAGE, KANAKADASA NAGARA,

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3 - NC: 2025:KHC:48606 WP No. 35165 of 2025

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HC-KAR

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MYSORE-570 023.

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AKSHATHA SUYOG D/O LATE MR H R NAGESH, AGED ABOUT 38 YEARS, R/AT NO.484, PANCHASHEELANAGAR, NAGARBHAVI POST, BENGALURU-560072

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MR ARJUN NADIGAR H N S/O LATE H R NAGESH, AGED ABOUT 34 YEARS, R/AT APARTMENT NO.F 1301, 13^TH FLOOR, K H B PLATINUM, KENGERI SATELLITE TOWN, VALAGERAHALLI, KENGERI, BENGALURU-560 060.

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…RESPONDENTS

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(BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO: a) ISSUE A WRIT OF MANDAMUS SEEKING TO DIRECTION TO RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 12/11/2025 VIDE ANNEXURE-F AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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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Petitioner is before this Court, seeking for the

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following reliefs:

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4 - NC: 2025:KHC:48606 WP No. 35165 of 2025

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HC-KAR

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"a) Issue a Writ of mandamus seeking to direction to respondent No.4 to consider the representation dated 12/11/2025 vide ANNEXURE-F.

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b) Issue a writ of Mandamus or other appropriate writ or order seeking a direction to the respondent No.5 to provide police protection to petitioner from respondent Nos.6 to 11.

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c) Issue a writ of Mandamus or other appropriate writ or order seeking a direction to the respondent Nos.1 to 4 to provide permission to construct the lift for easy movement for petitioner till her life time.

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d) Issue a writ of mandamus or other appropriate writ or order seeking a direction to the respondent Nos.6 to 11 to provide monthly maintenance for her medical expenses or sale a portion of the land and deposit the amount in her account for the day to day expenses".

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The petitioner seeks for police protection to be ordered to install a lift in the property. There appears to be a dispute between the petitioner and her family members inasmuch as a Gift Deed executed by the petitioner in favour of her grand children is also sought to be cancelled by filing necessary application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the respondent No.3-Assistant Commissioner, which is still pending. When the Gift Deed is in force, the ownership of the property is still to be determined by

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NC: 2025:KHC:48606 WP No. 35165 of 2025

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HC-KAR

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the Assistant Commissioner. That apart, the proceedings cannot be maintained directly before this Court for installation of a lift with police protection or the like and for monthly maintenance and medical expenses which is pending before the Assistant Commissioner in MSC No.25/2025. Application filed before the Assistant Commissioner has been dismissed for non-prosecution and the petitioner is now before the respondent No.2.

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Respondent No. 2 is directed to consider the appeal which has been filed by the petitioner and pass necessary orders as expeditiously as possible at any rate within fifteen days from the date of service of notice in that matter.

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Accordingly, Petition stands disposed .

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SD/(SURAJ GOVINDARAJ) JUDGE

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SBN List No.: 1 Sl No.: 16

H. R.Lalitha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

H. R.Lalitha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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