Satwik Garg v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7376 of 2024 ====================================================== 1.
Satwik Garg In C/o Dr. Sangeeta Agrawal, Resident of 108, Asha Vihar Society, Phase- 2, Maripur, Near Jaigurudev TVS, Muzaffarpur, Bihar842001. 2.
Sakshi Garg Wife of Satwik Garg, Resident of 108, Asha Vihar Society, Phase- 2, Maripur, Near Jaigurudev TVS, Muzaffarpur, Bihar- 842001. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary, Social Welfare Department, Government of Bihar.
2.
The District Magistrate, Muzaffarpur.
3.
The Sub- Divisional Magistrate cum Chairman of Senior Citizens Maintenance Tribunal, Muzaffarpur ( East ).
4.
Dr. Sangita Agrawal Daughter of Late Sudarshan Agrawal, Resident of Agarwal Loha Godam, Jawahar Lal road, Sabzi Mandi, Near Arya Samaj Mandir, P.S. Nagar, District- Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaibhava Veer Shanker, Advocate For the Respondent/s :
Mr.Government Advocate (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) To issue a rule NISI in the nature of writ of Certiorari to quash and cancel the final order dated 02.01.2024 in Case No.
40/2023 under section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by the SubDivisional Magistrate, Muzaffarpur (East); ii) To issue a writ in the nature of writ of
Patna High Court CWJC No.7376 of 2024(2) dt.11-07-2024 2/2 Certiorari to quash and cancel the Notice dated 26.09.2023 issued by SubDivisional Magistrate, Muzaffarpur (East) as it is not in accordance with Rule 7 of the Bihar Maintenance and Welfare of parents and Senior Citizens Rules, 2012."
2.
At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the aforesaid order dated 02.01.2024 passed in Case No. 40 of 2023 by the Sub-Divisional Magistrate, Muzaffarpur (East), by filing appropriate appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Liberty, so sought, is granted. 3.
It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be considered on merits.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U