SUMITRA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, a 85 years' old senior citizen, has filed this petition for seeking direction to the official respondents to deliver her total physical possession of House No.78, Taraf Sekhewal, Tehsil and District Ludhiana, being occupied by his grandson, his wife and grandchildren, despite the order of eviction passed by the Additional District Magistrate, Khanna on 27.10.2017.

(2.) In brief, the petitioner filed an application for seeking eviction of respondent no.9 and his family members from House No.78, constructed over the land comprised in Khata No.488, 497, 503, 482, 465/480, Khasra No.158/1, 159 to 166, measuring 67 Sq. Yds., situated at Tarf Sekhewal, District Ludhiana. The said application was allowed by the Additional District Magistrate, Khanna with a categoric direction that "hence, respondent party i.e. Sonu son of Hans Raj, resident of House No.78, constructed over land bearing Khata No.488, 497, 503, 482, 465/480, Khasra No.158/1, 159 to 166, measuring 67 Square Yards, situated at Tarf Sekhewal, District Ludhiana is issued direction to vacate the house belonging to Sumitra Devi wife of late Hans Raj, applicant and deliver its possession to applicant within a period of one month".

(3.) Thereafter, the petitioner filed an application to the Additional District Magistrate, Khanna, for delivery of possession of her house with police help. The Additional District Magistrate, Khanna sought legal opinion of the District Attorney in this regard to apprise him as to whether police assistance can be provided to the applicant-senior citizen for deliver of possession of her house. The Additional District Magistrate, Ludhiana (East) directed the Tehsildar, Ludhiana (East), vide his order dated 15.02.2018, to take legal action as per the opinion of the District Attorney and in case there is an apprehension of any untoward incident, then police assistance may also be obtained. There is a report dated 20.02.2018 of the Halqa Patwari in which he has mentioned that while carrying out the proceedings for delivery of vacant possession of the house in question, petitioner -Sumitra Devi informed them that she has given two days' time, i.e. from 20.02.2018 to 22.02.2018, to respondent no.9 and his family members to vacate the house. Thereafter, there is another report dated 01.03.2018 in which it is mentioned that possession of the house in question was delivered to the petitioner but at the same time, there is another report dated 01.03.2018 signed by the Halwa Patwari and Kanungo, in which it is recorded that one room situated on the front side was got vacated and its possession was handed over to the petitioner. However, the petitioner has approached this Court with a grievance that despite an order in her favour passed by the Competent Authority in terms of the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act"), possession of only one room has been given to her though she is entitled to possession of the entire house as per order dated 27.10.2017.