Advocates Appeared:
For the Appellant :Mr. Aayush Gupta, Advocate
For the Respondent:Ms. Akshita Chauhan, DAG, Punjab., for the Respondent

JUDGMENT :

Vikas Bahl, J. (Oral)

1. 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 setting aside the order dated 08.02.2023 (Annexure P-8) passed by respondent No.1 whereby the petition filed by the petitioner under Section 22 read with Rule 1 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as "the 2007 Act") read with Action Plan framed under Section 22 read with Rule 23 of the Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012 for vacation of the premises, has been dismissed.

2. Learned State Counsel has submitted that in view of the judgment dated23.01.2020 passed by the Coordinate Bench of this Court in CWP=4744=2018 titled as Simrat Randhawa Vs State of Punjab & Others, the eviction petitions filed under Section 22 of the 2007 Act read with the action plan are not being entertained and as per the instructions dated 18.12.2023, a senior citizen can file an application making prayer for eviction also under Section 23 of the 2007 Act and the same would be adjudicated by the Maintenance Tribunal. It is further submitted that the said instructions have been issued keeping in view the judgment passed by the Hon'ble Supreme Court in Smt. S. Vanitha vs. The Deputy Commissioner Bengaluru Urban District & Ors. reported as 2021(15) SCC 730 and also the judgment of this Court in " Ravi Kumar vs. Deputy Commissioner-cum-Appellate Tribunal, Jhajjar and Others " reported as 2023(4) RCR Civil 81. It is further submitted that the SDM is now the Maintenance Tribunal and the appeal from the same lies before the DM which is discharging the duties of the Appellate Tribunal. Relevant portion of the said instructions No.37848 dated 18.12.2023, is reproduced hereinbelow:-

"Department of Social Security and Women & Child Development, Punjab, Chandigarh, SCO No. 102-103, Sector34A, Ph. 2602726, 2608746.

From

Additional Director

Department of Social Security and Women & Child Development,

Punjab.

To

Advocate General, Punjab

The Hon'ble Punjab and Haryana High Court Chandigarh.

No.37848 Dated 18.12.2023

Sub:- CWP No.27195 of 2023 titled as "Gurdial Singh vs State of Punjab and Others".

With reference to your D.O No. 39460 dated 13.12.2023 on subject cited above, it is submitted that the Hon'ble High Court passed the order dated 04.12.2023 in the subject captioned writ petition, raised some queries on the following points:-

(i) Whether even after passing of the judgments of the Hon'ble Supreme Court in Smt. S. Vanitha's (supra) and of this Court in Ravi Kumar's (supra), which has been upheld by the Hon'ble Division Bench of this Court in LPA-1387-2023, the authorities are still not passing orders in cases wherein prayer for eviction has been made and if so, the reasons for the same.

(ii) Whether the letter No.S-34(S.S) 2023/2761-83 Chandigarh dated 08.02.2023 issued by the Joint Director (SS), Department of Social Security, Women and Child Development, Chandigarh, Punjab has any legal basis or not.

With regard to this, it is submitted that the Government of India had enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 . The Department of Social Security and Women and Child Development, Punjab is the nodal department to implement the provisions of the said Act. The Department of Social Security and Women and Child Development, Punjab being a nodal department, notified the Maintenance and Welfare of Parents and Senior Citizens Rules, 2012. The State Government, through the Department of Social Security and Women and Child Development, Punjab, introduced an Action Plan, 2014 vide which the District Magistrates in the State of Punjab were emp