Rani v. Additional District Magistrate And Anr

Rani v. Additional District Magistrate And Anr

(High Court Of Punjab And Haryana)

CWP-15922-2021 | 16-05-2022

ARUN MONGA, J.

1. Petition herein, inter alia, is for issuance of a writ in the nature of certiorari to set aside the impugned order dated 01.06.2021 (Annexure P-9) passed by respondent No.1 whereby application filed by respondent No.2 under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (herein after referred to as ‘ the’) was allowed and petitioner (herein) was directed to vacate the property of respondent No.2 within 30 days of the order passed.

2. I have heard learned counsel for the parties and gone through the case file.

3. Perusal of the record vis-à-vis Annexures particularly, Annexures P-1 (Ration Card), P-1-A (Aadhar Card) and P-4 (an earlier petition filed in this court by the respondent No.2) reflects that on her own volition, respondent No.2 has stated her age to be less than 58 years as on the date of instituting proceedings before the Maintenance Tribunal vide petition Annexure P-5, which is dated 04.09.2020.

4. In the premise, on that short ground alone, Tribunal could not have invoked the jurisdiction of Maintenance Tribunal under the, as respondent No.2 herein was less than 58 years not a senior citizen on the relevant date. Impugned Order dated 01.06.2021 (Annexure P-9) passed by respondent No.1 is quashed for lack of jurisdiction. Writ petition is accordingly allowed.

Advocate List
Bench
  • HON'BLE MR. JUSTICE ARUN MONGA
Eq Citations
  • NON-REPORTABLE
  • LQ/PunjHC/2022/9062
Head Note

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Ss. 2(1)(b) & (c) and 22 — Maintenance Tribunal — Jurisdiction — Respondent No. 2 stated her age to be less than 58 years as on date of instituting proceedings before Maintenance Tribunal — Tribunal could not have invoked jurisdiction of Maintenance Tribunal under Act, as respondent No. 2 was less than 58 years not a senior citizen on relevant date — Impugned order passed by respondent No. 1 directing petitioner to vacate property of respondent No. 2 within 30 days, held, without jurisdiction — Impugned order quashed