ORAL JUDGMENT

Date : 29-01-2024 By way of this writ petition, the petitioners have prayed for the following reliefs:-

“(i) For quashing of the order dated

10.06.2022 passed in Senior Citizen (Misc.) Appeal No. 01/2020-21 by the Collector-cum-District Magistrate, Patna whereby and whereunder the learned Collector set aside the order of Chairman cum Sub Divisional Officer, Patna Sadar, Patna whereunder and whereby the learned court passed order in Case No.59 of 2019, to pay 50% of the income arises from the house.

(ii). For issuance of direction in the nature of mandamus upon the respondents authority to not dispossess the petitioners from House No.90, Block- F, Peoples Co-operative Construction Society Ltd., Kankarbagh, Patna.”

2. It is the case of the petitioners that the house situated at plot no.90, Sector- F, Peoples Co-operative Society Ltd., Kankarbagh, Patna is the ancestral property of the petitioners and the aforesaid house was earlier subject matter of a title suit, in which judgment and decree dated 12.01.1984 was passed holding that the aforesaid house was apportioned to late Surya Narayan Singh (grandfather of the petitioners). After the aforesaid judgment and decree, there has been no partition between heirs of late Surya Narayan Singh and as such, the petitioners are owner and co-sharers of the aforesaid property.

3. It is also the case of the petitioners that the petitioners along with his full brothers have filed a Partition Suit bearing Partition Suit No.327 of 2018 before the learned Sub Judge-I, Nalanda against other co-sharers. The house in quesiton is the subject matter of the aforesaid partition suit. The respondent No. 5-Rajendra Prasad has filed Case No.59 of 2019 before the Chairman, Adhikaran -cum- Sub Divisional Officer, Patna Sadar under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Senior Citizens Act, 2007) and sought only relief to evict the petitioners from the house in question without seeking any maintenance either from the petitioners or from his own legal heirs under Section 4 of the Senior Citizens Act, 2007.

4. The Chairman, Adhikaran -cum- Sub Divisional Officer, Patna Sadar vide order dated 14.03.2020 refused to grant the relief of eviction to the petitioners but contrary to the pleading of the parties, directed the petitioners to pay 50% of the income arising from the house in question. Against the aforesaid order, the respondent no.5 filed Senior Citizen Appeal No.1 of 2022 before the Collector-cum-District Magistrate, Patna to evict the petitioners from the house in question. The petitioners have also filed an appeal bearing Appeal No.04 of 2020-21 against the order dated 14.03.2020.

Both appeal and cross appeal were tagged with each other. The Collector-cum-District Magistrate, Patna vide impugned order dated 10.06.2022 decided both the appeals and set aside the order dated 14.03.2020 with a direction to the Chairman, Adhikaran-cum-Sub Divisional Officer, Patna Sadar to give possession of the house in question in favour of respondent no.5 and in this process, if the petitioners create any trouble then strict action shall be taken against them under the provisions of Rule-22 of the Bihar Maintenance & Welfare of Parents &

Senior Citizens Rules, 2012. Hence, this writ petition.

5. Learned counsel for the petitioners submits that the respondent no.5 has his own house in Bahadurpur, Patna. He was married with late Asha Sinha and his son is an Engineer and his daughter-in-law is also working in a private company at Bengaluru. Further, the respondent no.5 has two grand-daughters and all of them are jointly residing in the house situated at Bahadurpur, Patna.

6. Learned counsel for the petitioners further submits that the reply of the petitioners filed in Senior Citizen (Misc.) Appeal No.1 of 2020-21 was not considered by the Collector-cum-District Magistrate, Patna, in which the petitioners have specifically mentioned about