SUMAN DHANKHAR Vs. DISTRICT MAGISTRATE, MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN TRIBUNAL, HISSAR

JUDGEMENT

(1.) This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing of order dtd. 9/4/2021 (Annexure P- 6) passed by the District Magistrate, Hisar-respondent No. 1, whereby prayer for evicting the house has been dismissed.

(2.) Learned counsel appearing on behalf of respondent-State has submitted that in view of the judgment passed by a Coordinate Bench of this Court in CWP-4744-2018 titled as "Simrat Randhawa Vs. State of Punjab and others", the District Magistrate does not have the power to pass the order of eviction under Sec. 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as "the 2007 Act") and as per the latest instructions dtd. 29/11/2023 issued by the Director General, Social Justice, Empowerment, Welfare of SCs & BCs and Antyodaya (SEWA) Department, Haryana, Chandigarh, it is the Maintenance Tribunal which has the power to pass the order of eviction in view of Sec. 23 of the 2007 Act. It is further submitted that the said instructions have been issued keeping in view the law laid down by the Hon'ble Supreme Court of India in case titled as "S.Vanitha Vs. The Deputy Commissioner Bengaluru Urban District & ors." reported as 2021(15) SCC 730 and thus, the District Magistrate, after passing of the judgment in Simrat Randhawa's case (Supra), would not have the jurisdiction to pass the order of eviction. Relevant portion of the said instructions is reproduced hereinbelow:-

(3.) Learned counsel for the petitioners has submitted that in view of the above objections, he seeks permission of this Court to withdraw the present writ petition with liberty to the petitioners to file a fresh petition before the Maintenance Tribunal and has further submitted that the said petition filed under Sec. 23 of the 2007 Act before the Maintenance Tribunal be considered independent of the observations made in the impugned order dtd. 9/4/2021.