JAGDISH PRASAD CHAUHAN Vs. ANIL KUMAR CHAUHAN

JUDGEMENT

(1.) By means of this writ petition filed under Article 227 of the Constitution of India, petitioner has sought indulgence of this Court for direction to the Prescribed Authority/S.D.M., Haridwar (under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as the Act) to decide the Case No.26 of 2022-23 Jagdish Prasad Chauhan vs. Anil Kumar and Another within a stipulated time.

(2.) Heard learned counsel for the petitioner.

(3.) It is contended by learned counsel for the petitioner that an application under Sec. 5 of the aforesaid Act was filed on 22/5/2023 before the Prescribed Authority against the respondents for maintenance and for their removal from the property of the petitioner. Respondents are the son and daughter-in-law of the petitioner. It is contended by learned counsel for the petitioner that the said application of the petitioner is pending consideration since 22/5/2023 and no further proceedings are there in the said application, however the respondents have put in their appearance in the said case in July, 2023. It is also contended by learned counsel for the petitioner that till date no objection/written statement has been filed by the private respondents. Even learned Prescribed Authority has not granted interim maintenance to the petitioner as mandated under Sec. 5 Sub Sec. (2) of the aforesaid Act. Petitioner is before this Court for expediting the aforesaid application within a stipulated time.