GANESH Vs. INDU BAI

JUDGEMENT

(1.) Petitioners have filed this Misc. Petition challenging order dated 6.8.2020 passed by Sub Divisional Officer, Khandwa, in application filed for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the 'Act of 2007'). By said order, learned Tribunal has passed an order under Sections 21, 22 and 23 of the Act of 2007, for eviction of respondent nos.1 and 2 from the house situated in Prem Nagar, District Khandwa.

(2.) Petitioners had challenged the order passed by SDO, Khandwa before Collector Khandwa. Collector, Khandwa vide its order dated 16.9.2020 has dismissed the appeal as not maintainable on the ground that appeal under Section 16 can only be preferred by senior citizen and parent and further party shall not be represented through legal representative. As petitioner has no other alternative remedy under Act of 2007, has approached this Court under Article 226 of the Constitution of India, for quashing or order of Sub Divisional Officer. Order passed by Collector is not called in question in this misc. petition.

(3.) Petitioners have challenged the order of SDO dated 6.8.2020 on the ground that SDO has no jurisdiction to pass the order of eviction.