JAIRAJ Vs. DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) Adumbrated in brief, the facts are that the respondent no.5 (mother) filed an application under Sections 4, 11 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (here-in-after to be referred to for short, 'Act of 2007') before the Sub Divisional Officer (Second), Ramsinghpura, Sanganer, Jaipur claiming maintenance from the petitioner (son) and physical possession of the plot situated at Plot No.B57, Majdoor Nagar, Majdoor Marg Colony, Near Shanti Nagar, Behind Prakash School, Ajmer Road, Jaipur. It was stated in the application that the respondent No.5 (mother) was residing with her husband at the plot in question. Her husband expired in the year 1988. She is 80 years old lady. She has no source of income. She allowed the petitioner to live with her on the condition that he will meet out his basic and routine needs, but neither the petitioner is meeting out his basic and routine needs nor paying the maintenance amount and conversely, threating her cruelly. The appellant filed a reply to the said application and denied the allegations levelled in the application and prayed for dismissal of the application.

(2.) Learned SDO vide his order dated 23.12.2010 directed the SHO, Police Station, Sanganer Sadar to evict the petitioner from the property in question and hand over the physical possession thereof to the respondent no.5 within a period of fifteen days. Hence, the present writ petition.

(3.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order, it is noticed that Sec. 7 of the Act provides for Constitution of Maintenance of Tribunal. Sub-section (2) of Sec. 7 envisages that the Tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State. Sec. 16 of the Act provides for appeal. It envisages that any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal. The petitioner filed an appeal before the Appellate Tribunal, District Magistrate, Jaipur City against the order dated 23.12.2010 passed by the learned Sub Divisional Officer, but the appeal was dismissed by the District Magistrate vide order dated 17.1.2011 for want of jurisdiction as the appeal under Sec. 16 of the Act of 2007 could have been filed by the aggrieved Senior Citizen or Guardian. Aggrieved with the order dated 17.1.2011 of the District Magistrate, Jaipur, the petitioner has invoked extraordinary jurisdiction under Art. 226 of the Constitution, which is not permissible for the simple reason that the object of Act of 2007 is to safeguard the interest of the aggrieved Senior Citizens or Guardians.