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2024 Supreme(UK) 244

VIVEK BHARTI SHARMA
Neena Khanna W/o Late Col. Shradhanand Khanna – Appellant
Versus
State of Uttarakhand through Secretary (Home) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Siddhartha Sah and Priyanka Agarwal, learned counsel
For the Respondent: Mr. Yogesh Chandra Tiwari, Standing Counsel, Mr. Ramji Srivastava and Mr. Rajat Mittal, Counsel

JUDGMENT :

Vivek Bharti Sharma, J.

Present writ petition under Article 227 of the Constitution of India is filed for quashing of judgment and order dated 24.04.2019 passed by the Appellate Tribunal, Dehradun under the “Maintenance and Welfare of Parents and Senior Citizen Act, 2007”, whereby the appeal filed by the Respondent no.2 was allowed and the order dated 05.01.2019 passed by the Prescribed Authority/S.D.M., Dehradun under Section 22 of the Act was set aside.

2. Admit the petition.

3. Heard final arguments of learned counsel for the parties and perused the material available on record.

4. Facts of the case, as stated in the writ petition are that the petitioner moved an application before the District Magistrate, Dehradun under Section 21 and 22 of The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as “the Act”) seeking protection of her life and property and eviction of trespassers i.e. respondent no.2 from the property of the petitioner bearing no. 5, East Canal Road Dehradun, Uttarakhand-248001 (hereinafter referred to as “the property”)stating that Late Smt. Ram Pyari Khanna was the owner of the property House No.5 E.C. Road; that, du

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