DHARMINDER SINGH Vs. DEPUTY COMMISSIONER-CUM-MAINTENANCE TRIBUNAL

JUDGEMENT

(1.) The petitioners are the son and daughter-in-law of respondent No.5 who have filed this petition for seeking a writ in the nature of certiorari for quashing the order dated 12.07.2018 passed by the Additional Deputy Commissioner-cum-Maintenance Tribunal, UT, Chandigarh, by which application filed by respondent No.5 for seeking eviction of the petitioners has been allowed.

(2.) Learned counsel appearing on behalf of the UT Chandigarh has submitted that the impugned order has been passed by the Additional Deputy Commissioner-cum-Maintenance Tribunal on 107.2018 but before that, by way of notification dated 29.11.2017, the Chandigarh Maintenance of Parents and Senior Citizens (2nd Amendment) Rules, 2017 (hereinafter referred to as the "Amended Rules") have been notified. It is submitted that as per Rule 3(3) of the Amended Rules, against an order passed by the Additional Deputy Commissioner-cum-Maintenance Tribunal, an appeal would be maintainable before the District Magistrate-cum-Appellate Tribunal within a period of 30 days. It is also provided therein that the Appellate Tribunal shall adjudicate such appeal(s) after giving an opportunity of hearing, in accordance with law.

(3.) In view of the provision of an appeal under the Amended Rules, learned counsel for the petitioner prays for withdrawal of the present petition in order to challenge the impugned order by way of filing an appeal in terms of Rule 3(3) of the Amended Rules. However, he prays that the delay occurred in filing of the said appeal may be condoned.