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, would be maintainable.

3. This Court finds that Section 15 of the Act, 2007 provides for constitution of an Appellate Tribunal for each district to hear the appeal against the order of the Tribunal, however, the same nowhere mentions that the appeal against the order of the Tribunal is confined to a senior citizen or a parent and moreover, the right to file an appeal is also not excluded, specifically by the provisions contained in Section 16(1) of the Act, 2007. In fact, there is no negative provision in the Act, 2007, denying the right of appeal to the other parties, whereas the provisions of the Act, 2007 would show that on the contrary, an appeal from both sides is envisaged.

4. At this juncture, it would be relevant to reproduce hereinbelow Sections 15 and 16 of the Act, 2007: –

15. Constitution of Appellate Tribunal. – (1) The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal.

(2) The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.

16. Appeals. – (1) 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:

Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal:

Provided further that the Appellate Tribunal may, entertain the appeal alter the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.

(3) The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.

(4) The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.

(5) The Appellate Tribunal shall, adjudicate and decide upon the appeal filed against the order of the Tribunal and the order of the Appellate Tribunal shall be final:

Provided that no appeal shall be rejected unless an opportunity has been given to both the parties of being heard in person or through a duly authorized representative.

(6) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.

(7) A copy of every order made under sub-section (5) shall be sent to both the panics free of cost.”

5. This Court finds that the aforesaid issue is no longer res integra, inasmuch as the same has stood deci