COMMON ORDER:

Since the issue involved in both the writ petitions is one and the same, this Court is of the opinion that both the writ petitions can be disposed of by way of a common order.

2. W.P.No.41084 of 2022 is filed under Article 226 of the Constitution of India seeking following relief:

“to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the endorsement issued by the 3rd respondent vide Rc.No.664/2022 dated 01.06.2022 is arbitrary, illegal, violative of principles of natural justice and in violation of Art 300-A of Constitution of India and provisions of The Maintenance and Welfare of Parents and Senior Citizens Act and Rules and quash or set aside the same and issue a consequential direction to the 3rd respondent to conduct an enquiry on the application presented by the petitioner dated 11.04.2022 to the 3rd respondent as per procedure prescribed in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules 2011; b) declaring the inaction of the respondents Nos.4 and 5 in taking action on the petitioner‟s representation dated 21.02.2022 as illegal, arbitrary, injustice and violative of Articles 21 and 300A of Constitution of India and consequently direct the respondent Nos.4 and 5 to consider the petitioner‟s representation dated

21.02.2022 and pass such other order or orders as this Hon‟ble Court deems fit and proper in the circumstances of the case..”

3. W.P.No.11620 of 2022 is filed under Article 226 of the Constitution of India seeking following relief:

“..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the endorsement issued by the 3rd respondent vide RC.No.664/2022 dated 24.04.2023 violation of principles of natural Justice and violation of Article 300 A of constitution of India as per Muslim law under property Rights of Women in India and Maintenance as being illegal, arbitrary and unjust and consequently to set aside the same and to grant such other relief or reliefs….”

4. W.P.No.41084 of 2022 is filed by the mother-in-law of the petitioner in W.P.No.11620 of 2023.

5. For convenience of the Court, the facts in W.P.No.41084 of

2022 are taken into consideration, which reads as follows:

i) The brief facts of the case in W.P.No.41084 of 2022 are that Sri Pathan Pedda Jan Saheb is the husband of the petitioner, who died twenty years ago. With their hardcore earnings, the petitioner herein purchased a house property bearing Door No.30-23-6-18 admeasuring to an extent of 259 Sq.yds by virtue of a registered sale deed dated 10.01.2000. Since then, the petitioner along with her husband are in possession and enjoyment of the subject property. While so, in the year 2009 after death of her husband, petitioner performed marriage to her younger son with one Jaheda, D/o. Abdul Rajaq. Later, matrimonial disputes were arose between her younger son and his wife/ 6th respondent herein and living separately. Thereafter, the 6th respondent herein is harassing the petitioner for want of share in her property. Being unable to bear the torture, the petitioner herein took the shelter at elder son’s house. Then, the 6th respondent along with some others trespassed into petitioner’s house and broke open the lock and occupied the house of the petitioner. Having no other option, the petitioner herein submitted an application/ representation dated 21.02.2022 to the Revenue Divisional Officer for adjudication against the 6th respondent under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

ii) Again on 11.04.2022, the petitioner also submitted another representation to the 3rd respondent requesting to take steps for eviction of the 6th respondent along with her family members and sought for protection to the petitioner and her elder son along with her property. In view of the same, the 6th respondent filed reply before the 3rd respondent with false averments. To the utter di