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High Court of DelhiW.P.(C)/2957/2023

Sonia And ANR v. District Magistrate North & ORS.

2026-01-21Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2957/2023 & CM APPL. 11513/2023 SONIA AND ANR .....Petitioners Through:

Mohit Khandelwal and Mr.

Deepanshu Vashisth, Advocates.

versus DISTRICT MAGISTRATE NORTH & ORS.

.....Respondents Through:

Mr Anubhav Gupta, Ms. Vaishali Gupta, Advs. with Mr. Kartik Sharma Panel Counsel (GNCTD) for R-1 & 2.

Mr.

Bhuvan Tomar and Mr.

Harvinder Das, Advs. for R-3.

Mr. Vaishali Gupta, PC (Civil), GNCTD.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 21.01.2026 1.

The petition is for setting aside the order dated 09.02.2023 passed by the District Magistrate, under Rule 22(3)(1) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (Rules) framed under Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act).

2.

By way of the impugned order, the petitioner has been directed to vacate the property bearing House No. 53, at Village Bhalswa, Delhi110033. On the first date of hearing, considering the facts and situation at the time, the Court has entertained the writ petition and passed certain The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:55

interim directions as necessary.

3.

Under Rule 22(3)(4) of the Delhi Maintenance and Welfare of Senior Citizens Rules, 2009, there is provision for appeal against the impugned order before the Divisional Commissioner.

4.

Having considered the overall controversy, the Court finds that the petitioners will have to approach the Divisional Commissioner in an appeal. 5.

If the appeal is filed within two weeks from today, the same shall not be dismissed on the ground on limitation and be dealt with on merit 6.

Till the appeal is decided, all the interim orders passed by the Court shall remain in operation.

7.

Petition stands disposed of.

8.

All rights and contentions are left open.

PURUSHAINDRA KUMAR KAURAV, J JANUARY 21, 2026/P/AMG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:55