Mohit Kumar Shah, J. – The present writ petition has been filed challenging the order dated 24.06.2023, contained in memo dated 26.06.2023, passed by the Chairman Abhikran Samiti-cum-Sub-Divisional Magistrate, Patna Sadar, Patna i.e. the Respondent No. 3, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act, 2007), in Parakaran Case No. 35/2023, whereby and whereunder the learned Tribunal has directed the petitioners to vacate the Dosa House Hotel, situated at P.S.-S. K. Puri, District-Patna.

2. At the inception, a question has arisen as to whether the present writ petition is maintainable in its present form, in view of availability of alternative remedy to the petitioners inasmuch as the aforesaid order dated 24.06.2023, passed by the Respondent No. 3, can be challenged by the petitioners by filing an Appeal under Section 16 of the Act, 2007. The Learned Counsel for the petitioners submits that looking at the language of Section 16 (1) of the Act, 2007, it is questionable as to whether an Appeal, at the behest of the petitioners, who are the son-in-law and daughter of the senior citizen i.e. the private Respondent No. 6, w