The District Magistrate can confer powers and impose conditions on subordinate officers for the proper implementation of the Welfare Act, and the court may refuse to interfere in matters involving harassment of senior citizens and ongoing civil court proceedings.

JUDGMENT/ORDER

Krishna Murari, C. J. - CM-269-LPA-2019:

1. For the reasons mentioned in the application, delay of 8 days in filing the appeal is condoned.

2. C.M. stands disposed of.

LPA-120-2019:

3. This intra-Court appeal filed by the appellant is directed against the judgment and order dated 11.12.2018 passed by the learned single Judge dismissing the writ petition filed by him challenging the order dated 13.07.2018 passed by Additional District Magistrate, Patiala, directing his eviction from the house in question under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred to as "the Welfare Act").

4. The dispute is between the son and the widowed mother. Brief facts giving rise to the dispute can be summarised as under.

5. Respondent No. 3-Karnail Kaur, mother of Major Singh (the appellant herein), made an application before the Deputy Commissioner, Patiala, that her son Major Singh, though owns his own house in Bhawanigarh, but still is unauthorisedly and illegally occupying the house of the applicant. It was also mentioned that he ill-treats her and he may be evicted therefrom.

6. Admittedly, the property in question belonged to the husband of respondent No. 3 who executed a Will dated 02.09.1996 in her favour. Mutation, as regards the same in question, on the basis of the Will, was sanctioned in her favour. The said order was challenged by the appellant by filing an appeal which too was dismissed. Vide order dated 13.07.2018 passed by Additional District Magistrate, Patiala, the appellant was directed to vacate the house. The same was challenged by filing a writ petition which has also been dismissed by the learned single Judge, vide the order impugned in this appeal, by placing reliance upon a Division Bench decision of this Court in the case of Gurpreet Singh v. State of Punjab and others, 2016 (1) R.C.R. (Civil) 324 wherein it was held that petitioner living in a part of the property is only a licensee on the basis of concession and once that licence is terminated he has no vested right of any kind to remain in possession.

7. Learned counsel for the appellant vehemently submitted that the order passed by the Additional District Magistrate, is patently illegal and without jurisdiction, inasmuch as, under the action plan, framed under section 22 of the Welfare Act, it is only the District Magistrate who is vested with the power to order eviction and such power cannot be exercised by an Additional District Magistrate.

8. Ex-facie, this objection with respect to jurisdiction was never raised before the authorities below at all nor any factual foundation was laid in this regard. Learned counsel for the appellant further points out that the issue was raised before the learned single Judge but no finding has been returned in respect thereof.

9. Be that as it may, we have considered the arguments. Section 22 of the Welfare 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 protection of life and liberty of senior citizens."

10. In exercise of the powers conferred by section 22 of the Welfare Act, the Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, have been framed wherein rule 22 provides for duties and powers of the District Magistrate. Relevant part of the said rule reads as under:-

"22. Duties and Power of the District Magistrate.-- (1) The Dis