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2017 Supreme(Cal) 846

BISWANATH SOMADDER, DEBI PROSAD DEY
Sahidun Nisa – Appellant
Versus
Lieutenant Governor – Respondent


Advocates Appeared:
For the Appellant : B.K. Das
For the Respondents: S.K. Mandal, S.C. Mishra and Anjili Nag

JUDGMENT :

Biswanath Somadder, J.

1. Let a copy of the memorandum of appeal (the original of which was filed in Calcutta) be kept on record. Once the original memorandum of appeal (which has already been despatched from Calcutta, vide lay note of the learned Registrar of the Circuit Bench dated 31.10.2017) is received by the Registry, the same shall be kept with this file. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the stay application.

2. The instant appeal arises out of a judgment and order, dated 17th August, 2017 passed by a learned Single Judge in W.P. No. 043 of 2017 (Shri Sheikh Khalil and another v. The Lieutenant Governor and others). The appellant before us Sahidun Nisa was the private respondent No. 5 in the writ proceeding. The subject-matter of challenge before the writ Court was the order, dated 17th June, 2016 passed by the Appellate Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act of 2007).

3. From the facts of the case available on record, we notice that one Sheikh Khalil (aged about 80 years), a resident of a village near Baratang, N

























































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