Mr. Hemant Gupta, J.: - The challenge in the present writ petition is to an order passed by the District Magistrate on 30.09.2015 ordering the petitioner to be ejected from the house of respondent No.4 - Mohinder Singh within a period of one month.

2. The brief facts out of which the present petition arises is that the petitioner is son of respondent No.4 - Mohinder Singh staying in a house measuring 124 square yards in which the petitioner, his wife and two daughters are said to be residing in an area of 24 square yards. The remaining portion is said to be in possession of father of the petitioner and another brother of the petitioner.

3. The petitioner has alleged that the petitioner toiled hard in the family and has been earning for the family out of which the house in question was purchased in the year 1986. The father of the petitioner is said to be not happy with the petitioner with the birth of his two daughters and that the respondent started maltreating the wife of the petitioner. The petitioner is said to be working in a Departmental Store of his father and that a First Information Report was lodged against his father though it resulted in acquittal. As per the petitioner, revision against the order of acquittal is pending before this Court.

4. The petitioner asserts that respondent No.4 is living separately happily with his other son and is in sound financial condition. Therefore, it cannot be said that the father is emotionally neglected and there is lack of physical and financial support. The petitioner asserts that litigation is pending with regard to the small portion of the house which is in occupation of the petitioner and his family which is pending in the Civil Court. Respondent No.4 filed an application before the District Magistrate in which the order has been passed without hearing the petitioner. The petitioner applied for setting aside the ex parte order but the application was returned.

5. The petitioner has challenged the order, inter alia, on the ground that on 27.11.2014, the State Government has published an Action Plan in terms of Rule 23 of The Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012 (for short ‘the Rules’). The Action Plan contemplates eviction from the residential building of the senior citizens. It is contended that such provision of eviction is in exercise of the excessive power of delegated legislation conferred on the State. Therefore, the petitioner cannot be ordered to be ejected by the District Magistrate.

6. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) was enacted for maintenance and welfare of parents and senior citizens. Chapter II of the Act deals with maintenance of parents and senior citizens; Chapter III of the Act deals with establishment of old age homes; Chapter IV deals with the provisions for medical care of senior citizen. It is Chapter V which is relevant which deals with Protection of Life and Property of Senior Citizen.

7. The relevant provisions from Chapter V and VI of the Act reads as under:-

“22. Authorities who may be specified for implementing the provisions of this Act.— (1) The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.

(2) The State Government shall prescribe a comprehensive action plan for providing of life and property of senior citizens.

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27. Jurisdiction of civil courts barred.— No Civil Court shall have jurisdiction in respect of any matter to which any provisions of this Act applies and no injunction shall be granted by any Civil Court in res