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2023 Supreme(P&H) 656

VIKAS BAHL
Rajbir Kaur – Appellant
Versus
Guriqubal Singh – Respondent


Advocates appeared:
Mr. P.P.S. Duggall, Advocate, for the petitioners.
None for respondents No.1 and 2.
Mr. Rohit Bansal, Sr. DAG, Punjab, for respondent No.3.

VIKAS BAHL, J.

1. This writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari to set aside the order dated 17.04.2022 (Annexure P-6) passed by respondent No.3, vide which the application filed by the petitioners under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as 'Act of 2007') was dismissed.

2. Learned counsel for the petitioners has submitted that petitioner No.1 is a senior citizen and had filed an application against respondents No.1 and 2 seeking their eviction under the Act of 2007. It is further submitted that the Sub-Divisional Magistrate-cum-Presiding Officer, Maintenance Tribunal, Kharar vide order dated 17.04.2022 had dismissed the said application on the ground that the Maintenance Tribunal had no authority to evict the private respondents from the house and in case so advised, the petitioners could pursue the matter in the higher Court. It is stated that the petitioners had accordingly prepared an appeal (Annexure P-7) to be filed before the Appellate Tribunal, which is the District Magistrate under Section 16 of the Act of 2007. However, the said

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