Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 22.1.2022, passed by the learned Court of Collector-cum-District Magistrate, Patna, in Senior Citizen (Mother- Father) Appeal Case No. 3 of 2020-21, whereby and whereunder the petitioners herein have been directed to vacate the self-acquired house of the Respondent No. 3 herein and her husband and hand over the vacant possession of the same to them. The petitioners have also challenged the order contained in memo no. 73 dated 23.2.2022, issued by the Sub-Divisional Officer, Patna Sadar, Patna, whereby and whereunder the Block Co-operative Extension Officer has been deputed as a Magistrate and directed to establish contact with the officer-in-charge, Krishnapuri Police Station and ensure compliance of the order, passed in Appeal Case No. 3 of 2020-21.

2. The brief facts of the case, according to the petitioners, are that the petitioner no. 1 is the elder son of the Respondent no. 3 while the petitioner no. 2 is daughter-in-law of the Respondent No. 3 and the petitioner no. 3 is own grandson of the Respondent No. 3, whereas the petitioners no. 4 and 5 are also son and daughter-in-law of the Respondent No. 3. It is submitted that the third son of the Respondent No. 3, namely, Amar Prakash, wants to grab the entire joint family property including the share of his two brothers i.e. the petitioner no. 1 and the petitioner no. 4 and when they started demanding their share, the said Amar Prakash, circumspectly, got a case filed by her mother i.e. the Respondent No. 3 before the learned Tribunal-cum-Sub-Divisional Officer, Patna Sadar, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act, 2007”), which was registered as Tribunal Case No. 72 of 2019 (Smt. Nirmala Sinha vs. Anil Prakash & Others). It is stated that the petitioner no. 1 and others have also filed a title suit bearing Title Partition Suit No. 179 of 2019 against their father, namely, Sri Lalit Lal (since dead), brother, Sri Amar Prakash and two sisters, namely, Smt. Aarti Prakash and Smt. Jyoti Prakash, for partition of the ancestral properties including the house in question, which is the subject matter of the present writ petition and the said suit is pending before the learned Court of Sub- Judge-XIV, Patna. In such view of the matter, the learned Chairman Tribunal-cum-Sub-Divisional Officer, Patna Sadar, by an order dated 14.3.2020, had closed the proceedings of the aforesaid Tribunal Case No. 72 of 2019, holding that since partition suit is pending in between the parties, in which the house situated at Patna, is also a subject-matter of dispute, hence, in case, the applicant wants to evict her sons from the house in question, she can obtain relief from the competent Court, however, it was directed that the water supply be restored to the petitioners.

3. The Respondent No. 3 had then challenged the aforesaid order dated 14.3.2020, by filing an appeal bearing Appeal Case No. 3 of 2020-21, before the learned Court of Collector-cum-District Magistrate, Patna and upon being served with the notice, the Petitioners had appeared before the learned Court of Collector, Patna, but on account of the Covid-19 Pandemic, since the Tribunal was not functioning, the petitioners had not appeared on two dates and behind their back, an ex parte order dated 22.1.2022 has been passed by the learned Collector-cum-District Magistrate, Patna, in the aforesaid Appeal Case No. 3 of 2020-21, directing the petitioners to vacate the house in question, in which they are residing and hand over its possession to the Respondent No. 3 immediately.

4. The Ld. Counsel for the petitioners has submitted that Late Lalit Lal and Amar Prakash, husband and younger son of the respondent no. 3, after filing of the Title Partition Suit no. 179 of 2019, started playing tricks in connivance with others, by circulating frivolous videos of the petitione