Dr. Anshuman, J. – Heard learned counsel for the petitioner and the learned counsel for the State.

2. The present criminal writ has been filed for the following reliefs: –

(i) For protection of the life of the petitioner, his wife and son who kicked out by the Respondent No. 5 & 6.

(ii) For protection of the entire residential house in question which was fraudulently purchased from the petitioner through Sale deed by the Respondent no. 5 & 6.

(iii) For restraining the Respondent no. 5 & 6 not to interfering with peaceful life of over age old petitioner, wife and his son.

(iv) For restraining the Respondent no. 5 & 6 not to sold out the entire premises/as mentioned in the Sale Deed without the legal permission of the petitioner.

(v) To pass such other order or orders in shape of a consequential relief to which the petitioner may be found legally entitled to in the facts and circumstances of the instant case as prayed by the petitioner.

3. Counsel for the petitioner submits that the petitioner is a senior citizen aged about more than ninety years. His son, respondent no. 5, who is posted in Army Engineering Regiment, has fraudulently executed a sale deed of the entire property in favour of his wife and thereafter trying to humiliate and subject to torture by him, as such, the old aged petitioner seeks protection of his life and property being the senior citizen. Counsel for the petitioner submits that in this regard the petitioner has filed representation before the District Magistrate, Katihar, but, till date no action was taken. Counsel submits that he has made representation to the Superintendent of Police, Katihar, also, but, nothing happened. Counsel submits that in the year 2007 a Special Act has been enacted, namely, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act has been formulated with the objective to provide for more effective provisions for the maintenance of welfare of parents and senior citizen guaranteed and recognized under the Constitution for matters connected and incidental thereto.

4. Counsel for the State submits that matter is pending before the proper authority and petitioner may be directed to move before the same authority.

5. Upon going through the pleadings and the documents on record as well as the position of law it is crystal clear that in the Parliament the said Act has been enacted for four basic needs; (a) appropriate mechanism to be set-up to provide need based maintenance to the parents and senior citizens, (b) providing better medical facilities to senior citizens, (c) for institutionalisation of a suitable mechanism for protection of life and property of older person; and (d) setting up of old age homes in every district. It is important to mention here that Government of Bihar has framed a Rule, namely, Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012, dated 07.09.2012. In Rule 3 of the Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012, provision for constitution of Maintenance Tribunal is there. The constitution of Appellate Tribunal and related procedures have been discussed in Chapter III of Sections 16 to 19 of the Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012. In Chapter V of Section 21 Duties and Powers of the District Magistrate are also described is as follows: –

“CHAPTER V

Duties and Powers of the District Magistrate

21. Duties and powers of the District Magistrate. – (1)The District Magistrate shall perform the duties and exercise the powers mentioned in sub-rule (2) and (3) so as to ensure that the provisions of the Act are properly carried out in his district.

(2) It shall be the duty of the District Magistrate to:

(i) ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity;

(ii) oversee and monitor the work of Maintenance Tribunals and Maintenance Officers of the district with a view to ensuring timely and fair disposal of a