IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 9 OF MAY, 2023 WRIT PETITION No. 10099 of 2023 BETWEEN:-

SMT KALAWATI RATHORE W/O LATE SHRI BABULAL RATHORE, AGED 75 YEARS, KALA BHAWAN, IMLI WALI KALARI KE PASS, HANUMAN CHAURAHA, LASHKAR GWALIOR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHOK RATHORE - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY SAMAJIK NYAY AND KALYAN DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. JILADEESH MAHODAY THROUGH COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH)

3. ANUVIBHAGIYA DANDADHIKARI AND ADHYAKSH MATA, PITA AND VARISHTHA NAGRIKO KA BHARAN POSHAN TATHA KALYAN ADHIKARAN UPKHAND (LASHKAR) DISTRICT GWALIOR (MADHYA PRADESH)

4. TEHSILDAR, TEHSHIL, GWALIOR DISTRICT GWALIOR (MADHYA PRADESH)

5. THANA PRABHARI THROUGH POLICE STATION JANAKGANJ LASHKAR, DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

The present petition under Article 226 of the Constitution of India has been preferred against inaction on the part of the respondents in not getting the order passed by the Sub-Divisional Officer under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 wherein vide order dated 14.11.2019 (Annexure P-1), the S.D.O., Lashkar, Gwalior, whereby respondents therein i.e. Dharmendra Rathore S/o. Late Shri Surendra Singh Rathore and Dilip Rathore alias Chandu S/o. Late Shri Surendra Singh Rathore, who are grandchildren of the petitioner were directed to pay Rs.2500/- each (total Rs.5000/-) to the petitioner. The said order was challenged by Dharmendra Rathore by way of Miscellaneous Petition No.297 of 2020 before this Court which was dismissed vide order dated 09.12.2021. In pursuance to the aforesaid dismissal, on 10.07.2020 vide Annexure P-4, the Sub-Divisional Officer, Lashkar, Gwalior has directed Tehshildar to get the order dated 14.11.2019 implemented but till date, the order has not been implemented to its full effects and only Rs.32,700/- till date has been paid in pursuance to the aforesaid order and they are not paying the maintenance amount, thus, are disobeying the order.

Learned counsel for the petitioner submits a limited prayer before this Court that the Sub-Divisional Officer i.e. respondent No.3 may be directed to get the order dated 14.11.2019 implemented and recovered the amount which is due to the petitioner in the wake of aforesaid order. It is also prayed that appropriate direction be issued to the Sub-Divisional Officer to direct her grandchildren to pay a sum of Rs.2500/- each as directed in the order to the petitioner in future also.

Per contra, learned counsel for the respondents/State has no objection to issue the direction to the Sub-Divisional Officer in this regard.

Looking to the limited prayer made by the learned counsel for the petitioner, the petition is disposed off with a direction to the Sub-Divisional Officer to get the order dated 14.11.2019 implemented with its full effect forthwith without any delay and may also initiate action against the erring grandchildren for non-compliance of the order dated 14.11.2019 in accordance with the provision of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

With the aforesaid directions, the petition is disposed off (MILIND RAMESH PHADKE)

JUDGE AK/- ANAND KUMAR

2023.05.10