Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following reliefs: –

“For issuance of writ of certiorari for setting aside the order dated 07.07.2018 passed by Chairman Maintenance Tribunal Committee-cum-Sub-Divisional Officer, Patna in Miscellaneous Case No.11/2018 whereby the learned Respondent No.2 has passed an order of eviction of the petitioner in a case under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the possession of the petitioner be not disturbed under the garb of the said order.”

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 an alternative remedy to the petitioner, inasmuch as the aforesaid order dated 07.07.2018, passed by the Chairman, Maintenance Tribunal Samiti-cum-Sub-Divisional Officer, Patna in Misc. Case No. 11 of 2018 can be challenged by the petitioner by filing an appeal under Section 16 of the Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (for short ‘the Act, 2007’). A question has also been raised, as to whether an appeal, at the behest of the petitioner, who is brother of the private res