RAKHI SHARMA Vs. STATE

JUDGEMENT

(1.) This hearing has been done through hybrid mode (physical and virtual hearing).

(2.) The present petition has been filed by the Petitioner, who is the wife of Respondent No.4 and daughter-in-law of Respondent No.3, against order dated 8 th February, 2021 passed by the District Magistrate. By the said order, the Petitioner has been evicted from premises bearing no. C-28, Mansa Ram Park, Uttam Nagar, New Delhi-59 (hereinafter, 'suit property'). The impugned order has been passed by the District Magistrate while exercising powers under Rule 22 (3)(1) (i) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (hereinafter, 'Rules'), as amended on 19th December, 2016 vide notification F.No.30(405)/Amendment of Rules-MAWPSC2007/DD(SS)/DSW/2015-16/24836-865.

(3.) The submission of ld. Counsel for the Petitioner is that the writ petition ought to be entertained by this Court, as an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, 'Act') can only be filed by a senior citizen. Ms. Tandon, ld. Counsel, on the other hand, submits that the impugned order is appealable to the Divisional Commissioner under Rule 22 (3)(4) of the Rules, as amended on 19th December, 2016. Accordingly, she submits that the Petitioner be allowed to approach the Divisional Commissioner.