PARBATI DAS Vs. COLLECTOR, BALASORE

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner (old widow mother of the Opposite Party Nos.3 and 4) praying for quashing the impugned order dtd. 7/11/2025 (Annexure-4) passed in Misc. Appeal No.12 of 2024 under Sec. 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by the Collector, Balasore(Opposite Party No.1) and to confirm the order dtd. 29/2/2024(Annexure-2) passed in Misc. Case No.49 of 2023 by the Sub-Collector, Balasore-cum-Presiding Officer, Maintenance and Welfare of Parents and Senior Citizens Act, 2007(Opposite Party No.2).

(2.) The factual backgrounds of this writ petition, which prompted the old widow petitioner for filing of the same is that, she(petitioner) is an old widow helpless senior citizen as well as mother of the Opposite Party Nos.3 and 4 and her present age is 83 years. Her one son, i.e., Opposite Party No.3(Rajendra Das) is a vegetable seller and her another son, i.e., Opposite Party No.4(Jitendra Das) is a Home guard and they(Opposite Party Nos.3 and 4) both are married. Her sons, i.e., Opposite Party Nos.3 and 4 divided her husband's ancestral house between them without providing any room therein to her(petitioner) for her stay. She(petitioner) has no income of her own. Due to her extreme old age, she(petitioner) is not able to maintain her and she has nothing with her to maintain. When, her sons, i.e., Opposite Party Nos.3 and 4 did not provide her(petitioner) anything for her sustenance and medical expenses, then, without getting any way, she(petitioner) filed Misc. Case No.49 of 2023 before the Sub-Collector, Balasore-cum-Presiding Officer, Maintenance and Welfare of Parents and Senior Citizens Act, 2007(Opposite Party No.2) under Sec. 7 of the said Act, 2007 praying for directing her sons(Opposite Party Nos.3 and 4 in this writ petition) for providing her maintenance and financial assistance for her medical treatments and expenditures.

(3.) To which, her two sons, i.e., Opposite Party Nos.3 and