SANTOSH JAGANNATH TODKAR Vs. COLLECTOR, JALGAON AND ORS.

JUDGEMENT

(1.) By this petition under Article 226 of Constitution of India, the petitioner has challenged the Order dated 03/03/2020 passed by respondent No. 2 in Reference No. 1/2020

(2.) By the impugned order, the petitioner has been directed to vacate the premises owned by respondent No. 4, the father of petitioner. Respondent No. 4, the father of petitioner who is claimed to be 86 years of age, moved respondent No. 2 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as 'said Act'] seeking direction to order the petitioner to vacate the premises owned by respondent No. 4. It is contended that petitioner and his wife are are continuously illtreating and harassing respondent No.4 After conducting full-fleged hearing, respondent No. 2 has passed impugned order and directed the petitioner to vacate the premises owned by respondent No. 4. Being aggrieved the petitioner has preferred this petition.

(3.) In brief, it is the contention of petitioner that though there is remedy to file appeal available to petitioner, the appeal could not be filed before appellate authority due to operation of lock-down. It is submitted that on 08/05/2020 the police officer of concerned police station called and asked to vacate the premises. In view of extreme urgency and threat of dis-possession, the petitioner left with no other remedy but to approach this Court to seek interim protection. It is submitted that petitioner will file appeal as soon as the authority withdraw the lock-down and urged to extend protection till then.