The court emphasized the principle of restoring parties to the position they were in before an unlawful act was committed, and highlighted the right to appeal against an eviction order without awaiting the expiry of the limitation period.

JUDGMENT

Navin Chawla, J. - This petition has been heard through video conferencing.

2. This petition has been filed by the petitioner praying for the following relief:-

"A. Issue a writ of mandamus against the Respondent Nos. 3-5 to restore the possession of the Petitioners in the Shared Household as existing till 20.09.2020 and direct the Respondent No. 2 to ensure that the Respondent Nos. 3-5 do not obstruct or disturb the Petitioners taking possession or enjoying possession of the Shared Household;

B. Issue a writ of certiorari against the District Magistrate (South), Delhi through the Respondent No. 1, and quash and set aside the Impugned Order dated 18.9.2020 and the proceedings culminating in said Impugned Order;

C. Issue a writ of mandamus direct the Commissioner of Police, Delhi or a competent person duly appointed by this Hon''ble Court to enquire into the actions of the Respondent No. 2''s officials on 20.9.2020, including physical and verbal abuse of law-abiding citizens and acting in excess of statutory mandate;"

3. Admittedly, the petitioners have been staying at the property, being Sai Naman Asher Estate, Bandh Road, Gadaipur, Mehrauli, New Delhi-110030, since atleast the year 2013. By an order dated 18.09.2020, on an application filed by the respondent nos. 3 and 4 herein, under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the ''Act'') read with Rule 22(2) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (hereinafter referred to as the ''Rules''), the District Magistrate (South) in Case no. 47/2019 titled Vijay Mehta and Anr. vs. Nanak Mehta and Anr. issued the following directions:-

"10. Using the powers entrusted to the undersigned under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, the application moved by the Petitioner is allowed and after examining all the documents/reports placed before the undersigned, I hereby order Sh. Nanak Mehta and Smt. Pooja Mehta, to evict from the property of Sh. Vijay Mehta and Smt. Manju Mehta, i.e. SAI NAMAN Asher Estate, Kh No. 638, Bandh Road, Gadaipur, Mehrauli, New Delhi, within 30 days from the date of receipt of this order on the ground of ill-treatment and threats made by them to the aged and hapless Petitioners. Directions issued to the Respondent to handover possession of the property to the Petitioners so as to lead a peaceful and secured life by the Petitioners. Deputy Commissioner of Police, South District, New Delhi is also requested to ensure implementation of the order in its true letter and spirit in handing over the peaceful possession of the property to the Petitioner by the Respondents. Accordingly, the application of the Petitioners is disposed of." (Emphasis supplied)

4. It is not denied by the learned counsels for the respondents that in execution of the above order, the petitioners were forcibly evicted from the above premises on 20.09.2020.

5. Though a case was sought to be built up by the respondent nos. 3 and 4 on the first date of hearing, stating that the petitioners left the premises on their own volition, the same is clearly belied by a video clip played by the learned counsel for the petitioners during the course of the hearing, which has not been denied by the learned counsel for the respondent no. 2, who admits that the eviction took place forcibly through the intervention of the Delhi Police.

6. A reading of the above order dated 18.09.2020 clearly indicates that 30 days'' time from the date of receipt of the order was given to the petitioners to evict from the property in question. The order, therefore, was not executable on 20.09.2020, when it was unlawfully executed by the respondent no. 2.

7. Rule 22(3)(4) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 as amended, provides that an appeal against the order of