HARCHARAN SINGH Vs. BHAGAT SINGH AND ORS.

JUDGEMENT

(1.) The present petition has been filed for issuance of a writ in the nature of certiorari for quashing of impugned order dtd. 29/11/2017 (Annexure P-1) passed by the District Magistrate, Patiala, whereby, the petitioner has been ordered to vacate the house of respondent No.1 within a period of two months.

(2.) Briefly, the facts of the case as made out in the present petition, are that respondent No.1-Bhagat Singh, who is father of the present petitioner, filed an application under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 for vacation of his house and also for protection of his life and property as well as his wife. It was mentioned in the application that he is having two children i.e one son and one daughter and both are married. Respondent no.1 is stated to be 65 years of age and is a senior citizen. It has also been mentioned that the son as well as his wife reside in his house and he is not being allowed to use the house. Respondent no.1 and his wife are leading hard and insecure life. Other allegations were also mentioned in the application. Said application was allowed by District Magistrate, Patiala vide order dtd. 29/11/2017, wherein, it has been held that the petitioner herein in the present petition is in illegal possession of the house and a direction has been issued to vacate the house within a period of two months and to hand over the possession to respondent No.1, namely, Bhagat Singh.

(3.) Said order dtd. 29/11/2017 passed by the District Magistrate, Patiala has been challenged before this Court by filing the present petition.