Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, CJ., ALOK KUMAR SINHA
Shailesh Kumar @ Azad. – Appellant
Versus
State of Bihar through Principal Secretary Co-operative – Respondent
| Table of Content |
|---|
| 1. legal reliefs sought by appellants. (Para 1 , 2) |
| 2. appellants argue jurisdictional issues under the 2007 act. (Para 3) |
| 3. respondents assert tribunal's proper jurisdiction under the act. (Para 4) |
| 4. deliberation on procedural fairness and natural justice. (Para 5 , 6 , 7) |
JUDGMENT :
ALOK KUMAR SINHA, J.
Heard learned counsels for the Parties.
2. The Present Writ petition has been filed for the following reliefs:
“(i) For quashing of the order dated 10.06.2022 passed in Senior Citizen (Misc.) Appeal No. 01/2020-21 by the Collector-cum- District Magistrate, Patna whereby and whereunder the learned Collector set aside the order of Chairman cum Sub Divisional Officer, Patna Sadar, Patna.
(ii) For issuance of direction in the nature of mandamus upon the respondents authority to not disturb the family of the petitioners as the petitioners are living along with their family members.
(iii) For issuance of direction as your lordship may deem fit in the facts and circumstances of the case of the petitioners.”
3. Learned counsel for the appellants, while assailing the impugned judgment of the learned Single Judge (Annexure–7 to the LPA appeal), submitted that the very initiation of p
The Maintenance Tribunal has jurisdiction to order eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect senior citizens' rights, without adjudicating owners....
Tribunals under Senior Citizens Act can order children's eviction from parent's property without monetary maintenance claim, as 'maintenance' includes residence essential for normal life, per purposi....
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
Rule 20 gives indication that being a piece of welfare legislation, it adjures administration to avert threat of life and property of senior citizens.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects the rights of senior citizens to maintain possession of their property independent of their children's claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
