GAFUR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed seeking following reliefs:--

(2.) It is alleged by counsel for the petitioner that the petitioner has preferred the appeal (Annexure P/4) before the District Magistrate under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He has drawn attention of this Court to Annexure P/5 notification issued by the State Government on 2nd July, 2009, wherein the Appellate Tribunal is constituted by the State Government for the purpose of hearing of the appeal against the order of the Maintenance Tribunal which can be presided over by the District Magistrate. The appeal has preferred to the District Magistrate on the ground of technical objection has been taken by the Collector, District Shivpuri. It is further alleged that the Collector be directed to decide the same.

(3.) Per contra, learned Govt. Advocate for the State has no objection to decide the appeal (Annexure P/4) made by the petitioner within stipulated time. Considering the aforesaid aspect of the case as the State counsel has no objection to decide the appeal made by the petitioner within stipulated time, the present petition is disposed off with a direction to the Collector, District Shivpuri to consider Annexure P/4 as appeal to Tribunal and decide the same as per Section 16(6) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within prescribed period, i.e. one month.