JAGDISH JAGLAN Vs. DISTRICT MAGISTRATE JIND

JUDGEMENT

(1.) Present writ petition has been filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari or any other appropriate writ or direction for setting aside the order dtd. 13/11/2019 (Annexure P-6) vide which the application moved by the petitioner/senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as 'Act of 2007') for protection of life and property has been dismissed.

(2.) Learned senior counsel for the petitioner has submitted that in the present case, a cryptic and non-speaking order dtd. 13/11/2019 (Annexure P-6) has been passed without going into the merits of the case and without considering the contentions of the parties. It is further submitted that the said order being cryptic and non-speaking deserves to be set aside on the said ground alone.

(3.) Learned State counsel has pointed out that in the present case, a prayer for eviction has been made in the proceedings before the District Magistrate, but on account of the judgment passed by a Co-ordinate Bench of this Court in CWP-4744-2018 titled as "Simrat Randhawa Vs. State of Punjab and others", the District Magistrate is not authorized to pass an eviction order, but however, the Maintenance Tribunal can pass the eviction order in view of the provisions of Sec. 23 of the Act of 2007 and for the said purpose, learned State counsel has relied upon the instructions dtd. 29/11/2023, issued by the Director General, Social Justice, Empowerment, Welfare of SCs and BCs and Antyodaya (SEWA) Department, Haryana, Chandigarh. The said instructions dtd. 29/11/2023 are reproduced herein under: -