JUDGMENT :

1. This writ petition, inter-alia, has been filed for the following reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 1 to ensure the payment of maintenance allowance to the petitioner as per the order dated 16.04.2018 passed by the Maintenance Tribunal/Sub Divisional Magistrate, Sadar, Allahabad in Case No. 5 of 2017 under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within stipulated time fixed by this Hon'ble Court.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to take appropriate action and decide the representation of the petitioner dated 19.1.2019 (Annexure 5 to the writ petition) within stipulated time fixed by this Hon'ble Court."

2. The petitioner is mother of respondent Nos. 5 and 6. It appears that she has filed an application before the Sub Divisional Magistrate for maintenance. By order dated 16.4.2018, the Sub Divisional Magistrate had passed the order directing the respondent Nos. 5 and 6 to pay maintenance of Rs. 9,000/- per month to the petitioner. Against the aforesaid order dated 16.4.2018, the respondent Nos. 5 and 6 preferred an appeal before the District Magistrate, which is still pending.

3. By order dated 8.4.2019, the learned Standing Counsel was directed to seek the instruction in the matter. On the basis of instruction, learned Standing Counsel states that since the appeal is pending before the District Magistrate, the maintenance order could not be executed.

4. The submission made by the learned Standing Counsel is wholly misconceived. Firstly, for the reason that no appeal against the order of maintenance is maintainable on behalf of respondent Nos. 5 and 6. Section 16 of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 (in short ‘Act’) provides that any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal. Except the senior citizen or a parent, no other person can file an appeal under Section 16 of the Act. Thus the order passed under Section 16 has reached finality and cannot be challenged by respondent Nos. 5 and 6. Thus, the appeal filed by the respondent Nos. 5 and 6 appears to be totally misconceived and not maintainable before the District Magistrate.

5. Considering the facts and circumstances of the case, we direct the District Magistrate, Allahabad to ensure the payment of maintenance to the petitioner, in the light of Section 11 of the Act, expeditiously, if possible within a period of thirty days from the date of receipt of a certified copy of this order.

6. With the aforesaid observation, the writ petition is disposed of.

7. Keeping in view the urgency involved in the matter, we are passing this order without issuing notice to respondent Nos. 5 and 6, however it is open to respondent Nos. 5 and 6 to file a review/recall/modification application of this order, if they are aggrieved by the present order.