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[2026:RJ-JP:4029]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 1639/2026

Lalchand Khoda S/o Sh. Ishwar Lal, Aged About 70 Years, R/o

Plot No. 17, Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal

Ka Talab, Jaipur.

----Petitioner

Versus

1. Manish @ Sonu S/o Lalchand Khoda, R/o Plot No. 17,

Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal Ka

Talab, Jaipur.

2. Smt. Poonam @ Pooran W/o Manish @ Sonu, R/o Plot No.

17, Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal

Ka Talab, Jaipur.

----Respondents

For Petitioner(s) : Mr. Ram Babu Khandelwal

For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

29/01/2026

1. The present writ petition has been filed with the following

prayer:-

"It is therefore, most respectfully prayed that this Hon'ble Court

may very graciously be pleased to allow/accept this writ peti-

tion and please to:-

a) Issue an appropriate writ, order or direction directing the

Appellate Tribunal-cum-Collector & District Magistrate, Jaipur to

decide the pending appeal case No.22/2024 titled as Lal Chand

vs. Manish @ Sonu expeditiously, preferably within one months

or a fixed time frame as deemed fit by this Hon'ble Court;

b) Pass any other order or direction which this Hon'ble Court

may deem fit and proper in the facts and circumstances of the

case;

c) Award costs of the writ petition in favour of the petitioner."

2. Learned counsel for the petitioner submits that against the

order dated 15.09.2022 passed by the learned Sub-Divisional

Officer and Sub-Divisional Magistrate, Jaipur (North), the

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petitioner has preferred an appeal under Section 16(6) of the

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

('the Act of 2007') and the said appeal is pending since 2024. He

further submits that the petitioner is a senior citizen, aged about

70 years and in view of the statutory mandate under Section

16(6) of the Act of 2007, the appeal of the appellant should be

heard on priority. Therefore, he prays that the learned Appellate

Tribunal-cum-Collector and District Magistrate, Jaipur may be

directed to decide the pending appeal No.22/2024 titled as 'Lal

Chand vs. Manish @ Sonu', expeditiously, preferably within a

period of month.

3. Heard and considered the submissions and perused the

material on record.

4. From the record, it is evident that the petitioner herein filed

an application under Sections 4, 5, 9 & 23 of the Act of 2007 on

17.12.2021 and the said application came to be partly allowed by

the Sub-Divisional Officer and Sub-Divisional Magistrate, Jaipur

(North) vide order dated 15.09.2022. Thereafter, the present

petitioner preferred an appeal against the said order but the

learned Appellate Tribunal-cum-Collector and District Magistrate,

Jaipur dismissed the said appeal vide order dated 30.01.2024.

5. Being aggrieved of which, the petitioner herein preferred

S.B. Civil Writ Petition No.4629/2024 which came to be allowed

vide order dated 10.05.2024 and the matter was remanded back

to the learned Appellate Tribunal to decide the issue afresh by a

reasoned and speaking order. Pursuant to the said order the

appeal was re-registered, however, even after a lapse of well over

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one year, the appeal has not yet been decided. A bare perusal of

the order sheets of the appeal (Annex-11) reveals that, on every

occasion, the appeal was adjourned for one reason or another.

6. Considering the facts and circumstances of the case,

particularly the mandate of law as envisaged in Section 16(6) of

the Act of 2007, the Appellate Tribunal-cum-Collector and District

Magistrate, Jaipur is directed to decide the pending appeal

No.22/2024 titled as “Lal Chand vs. Manish @ Sonu” expeditiously,

preferably within a period of two (2) months from the date of filing

of certified copy of this