NAG SWAMI NAGMANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 22/12/2017 passed by the Chairman, Maintenance Tribunal, Patna in Case No. 18 of 2017, whereby and whereunder the petitioners have been directed to vacate the house constructed over the land purchased by the father of the petitioner no. 1 who has been arrayed as respondent no. 4 herein.

(2.) The brief facts of the case, according to the petitioners are that the respondent nos. 4 and 5, who are the parents of the petitioner no. 1 had filed an application before the Sub-Divisional Officer, Sadar, Patna-cum-Chairman of the Maintenance Tribunal (hereinafter referred to as the 'Maintenance Tribunal'), on 15/9/2017 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the 'Act, 2007), against the petitioners who are the son and daughter-in-law of the respondent nos. 4 and 5, alleging therein that the petitioners used to abuse them, leading to registration of a case bearing Case No. 18 of 2017, whereafter a notice dtd. 16/9/2017 was issued to the petitioners fixing the date of hearing as 7/10/2017. The petitioners are stated to have appeared before the Sub-Divisional Officer, Sadar, Patna and had refuted the allegations made against them, nonetheless, the Sub-Divisional Officer, Patna Sadar by the impugned order dtd. 22/12/2017 has passed an order directing the petitioners to vacate the house situated at Lohanipur within a period of one month.

(3.) The learned counsel for the petitioners has made only one submission to the effect that now the matter has been compromised and there is no dispute in between the petitioners and the respondent nos. 4 and 5, hence the impugned order dtd. 22/12/2017 be set aside, more so since the petitioners are ready to stay peacefully with the respondent nos. 4 and 5 and look after the welfare of the respondent nos. 4 and 5.