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2023 Supreme(HP) 393

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Brij Bala Rana – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant : Mr. Surinder Saklani.
For the Respondents: Mr. Anup Rattan, A.G. with Ms. Sharmila Patial, Addl. A.G. & Mr. Rajat Chauhan, Law Officer.

JUDGMENT :

Tarlok Singh Chauhan, J.

CMP (M) No. 241/2023

For the reasons stated in the application, delay of 57 days in filing of the appeal is ordered to be condoned. The application stands disposed of.

LPA No.114/2023

Be registered.

2. The appellant is the writ petitioner, who, aggrieved by dismissal of her writ petition, has filed the instant appeal.

3. The appellant approached the learned writ court for grant of following substantive relief:-

    “that a writ in the nature of mandamus may very kindly be issued thereby directing respondent No.1 to respondent No.3 to oust respondent No.4 from the house of petitioner.”

4. In the writ petition, the appellant arrayed the State authorities as respondents No. 1 to 3, whereas her daughter-in-law as respondent No.4.

5. Learned writ court confronted the appellant with the issue of maintainability of the writ petition in terms of prayer made therein and the appellant in turn relied upon provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the Act).

6. Learned writ court came to the conclusion that since the Act had not been made applicable to the State of Himachal Pradesh by issuance of necessary notification in

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