Ramjeevan Swami @ Ramjeevan Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12269 of 2013 ======================================================

1. Ramjeevan Swami @ Ramjeevan Prasad Sinha Aged About 75 Years Son Of Late Jitan Singh, Resident Of Mohalla- Chandi, P.O.- Chandi, P.S.- Chandi, District-Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Department Of Welfare, Govt. Of Bihar, Patna

2. The Superintendent of Police at Biharsharif, District- Nalanda

3. The Sub-Divisional Officer (S.D.O.), Hilsa Sub-Division, DistrictNalanda

4. The Dy. S.P. Hilsa Sub-Division, District- Nalanda

5. The Thana Adhayaksh, P.S.- Chandi, District- Nalanda

6. Sri Gauri Shankar Vidyarthi Son Of Ramjeevan Swami @ Ram Jeevn Prasad Sinha Resident Of Mohalla- Chandi, P.O.- Chandi, P.S.- Chandi, District-Nalanda

7. Smt. Anita Devi Wife Of Sri Gauri Shankar Vidyarthi Resident Of Mohalla- Chandi, P.O.- Chandi, P.S.- Chandi, District-Nalanda .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-03-2016 Heard both sides.

The petitioner claims himself father of the respondent no.6. He is also senior Citizen aged about 75 years. The writ application seeks a direction for restoration of the possession of the petitioner in the house. In substance, the allegation is that he is being ill-treated by his son and ousted from the house. Respondent no.7 is the wife of respondent no.6. The disputes of such nature is required to be raised before the Tribunal constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act,

Patna High Court CWJC No.12269 of 2013 (3) dt.11-03-2016 2/2 2007 ( for short 'the Act'). The counsel for the petitioner informs that Sub Divisional Officer is designated as the Tribunal by the State Government. The procedure for resolution of the dispute of the nature like one in the present case is provided in Section 5 of the Act.

Without opining any view on the claim of the petitioner, the writ application stands disposed of permitting the petitioner to invoke the jurisdiction of the Tribunal under the said Act for ventilation of his grievance. If any such application is filed within four weeks the said authority/Tribunal ( respondent no.3) shall consider the same and take appropriate decision and/or pass appropriate order in accordance with law as quickly as possible preferably within month of such filing/presentation.

(Kishore Kumar Mandal, J) Shyam/- U