IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

210 CWP-22231-2023 Date of decision: 27.04.2026 RAMKUWAR …. Petitioner Vs.

DISTRICT MAGISTRATE, GURUGRAM AND OTHERS …. Respondents CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Bhuwan Vats, Advocate, for the petitioner.

Mr. Bhupender Singh, Addl.AG, Haryana.

Mr. Dhivya Jerath, Advocate, for respondent No.2 (through V.C.)

Mr. Mayur Kanwar, Advocate, for respondent no.3.

KULDEEP TIWARI, J (Oral)

1. Through the instant petition, cast under Article 226/227 of the Constitution of India, the petitioner has challenged the legality of order dated 11.04.2022 (Annexure P-4), passed by the District Magistrate, Gurugram (respondent no.4), as the application preferred by the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act of 2007’), was dismissed.

2. The sole argument, as raised before this Court by learned counsel for the petitioner is that, the application (supra), is ought to have been transferred to the learned Maintenance Tribunal concerned, as notified by the Government of Haryana. Therefore, the impugned order passed by the District Magistrate, which is an appellate authority under the Act of 2007, is without jurisdiction.

3. He placed reliance upon notification No.S-34(SS)2024/31854, dated 29.08.2024. The relevant portion is extracted herein below:-

“This department under section 22(1) & (23) of the Punjab Maintenance and Welfare of Parents and Senior Citizens Act 2007 and under section 23 of Rules 2012 prepared an Action Plan vide notification No. 10/20/204-DC/363250/1 Dated 27.11.2014. Under this Action Plan District Magistrate were granted powers of eviction. These powers of eviction were challenged in the Hon'ble Punjab & High Court in Simrat Randhawa Case and Hon'ble struck off the Action plan vide orders dated 21.01.2020 so in compliance to Orders dated 23.1.2020, this department issued instruction to all District Magistrates vide letter dated 17.02.2023 not to proceed with eviction.

Now, Hon'ble Justice Behl, Punjab and Haryana High Court has passed Orders dated 18.12.2023 in the CWP No. 27195 of 2023 titled as Gurdial Singh V/s State of Punjab & others, the relevant extract of same is as under:-

"Whereas, power of eviction had been conferred by the State Government to all the District Magistrates in the State of Punjab by notifying an Action Plan, 2014 but the same was struck off to the extent of Clauses 1 to 3 which are reproduced ax under:-

(1) Procedure for eviction from property/residence building belonging to/occupied by senior citizens/parents, (2) Eviction order from property/residential building of senior citizens/parents and (3) Enforcement of orders by a coordinate Bench of the Hon’ble High Court by passing the judgment dated 23.01.2020 in CWP No.4744 of 2018 titled as Simrat Randhawa Vs. State of Punjab and others and there is no stay in operation of judgment dated 23.01.2020 in LPA No.702 of 2021 titled as State of Haryana and others Ms. Simrat Randhawa filed by the State of Haryana.

In the present matter in hand, an application has been made before the District Magistrate for eviction and the District Magistrate is unable to pass the eviction orders as the Action Plan, 2014, under which he was empowered to evict, has already been struck off, as mentioned above. Hence the Maintenance Tribunals can pass the eviction order in view of provisions of Section 23 of the said Act as there is no bar in the same but the District Magistrate cannot pass the eviction orders on account of the Judgement dated

23.01.2020 in Simrat Randhawa's case (supra).

As per the provisions of the Punjab Maintenance and Welfare of Parents and Senior Citizens Act 2007, District Magistrates are hand of Appellate Tribunals and SDM’s are head of Maintenance Tribunals, therefore, in view of Court Order dated 18.12.2023 all SDM's in the under state are requested to comply with the orders dated 18.12.2023 of Hon'ble Punjab an