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2024 Supreme(P&H) 1432

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Suman Dhankhar – Appellant
Versus
District Magistrate, Maintenance And Welfare Of Parents And Senior Citizen Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Narender Kaajla, Advocate
For the Respondent: Mr. Amandeep Joshi, DAG, Haryana.

Table of Content
1. eviction jurisdiction. (Para 1 , 2)
2. withdrawal of petition. (Para 3 , 4)
3. deferment to maintenance tribunal. (Para 5 , 6 , 7)

JUDGMENT :

Vikas Bahl, J. (Oral)

This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing of order dated 09.04.2021 (Annexure P-6) passed by the District Magistrate, Hisar-respondent No.1, whereby prayer for evicting the house has been dismissed.

2. Learned counsel appearing on behalf of respondent-State has submitted that in view of the judgment passed by a Coordinate Bench of this Court in CWP=4744=2018titledas' Simrat Randhawa Vs. State of Punjab and others ', the District Magistrate does not have the power to pass the order of eviction under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as 'the 2007 Act') and as per the latest instructions dated 29.11.2023 issued by the Director General, Social Justice, Empowerment, Welfare of SCs & BCs and Antyodaya (SEWA) Department, Haryana, Chandigarh, it is the Maintenance Tribunal which has the power to pass the order of eviction in vie

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