Basant Kumar Jain v. Govt Of NCT Of Delhi & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3649/2020 BASANT KUMAR JAIN ..... Petitioner Through:

Mr.Sudhir Naagar, Adv.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Abhinav Singh, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 22.06.2020 This hearing has been held through video conferencing. CM No.13009/2020 (Exemption) This application has been filed seeking exemption from filing duly certified/typed and true copies of annexures and notarised affidavit. Binding the deponent of the affidavit to the contents of the application, the exemption is granted.

Application is disposed of.

W.P.(C) 3649/2020 & CM No.13008/2020 (Stay) The petition has been filed by the petitioner challenging the order dated 04.06.2020 passed by the Appellate Authority constituted under the Delhi Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules framed thereunder.

By the Impugned Order, the Appellate Authority has been pleased to stay the operation of the order dated 17.02.2020 passed by the District Magistrate (Shahdara) and to list the appeal filed by the respondent no. 2 and 4 herein for consideration on 29.07.2020. The learned counsel for the petitioner submits that the petitioner

had filed the application under the Act and Rules in 2018. He submits that the petitioner has been suffering due to the long pendency of these proceedings. He further submits that the issues as framed in the Impugned Order do not arise for consideration before the Appellate Authority.

In my view, as the appeal itself has been listed for further hearing on 29.07.2020, the present petition can be disposed of directing the Appellate Authority to hear the appeal on the said fixed date finally, without granting any unreasonable request for an adjournment on that date by either of the parties.

As far as issues that have been framed in the Impugned Order are concerned, the petitioner shall always be at liberty to make his submissions against the same before the Appellate Authority, including that they do not, in fact, arise for consideration in the appeal. The petition is disposed of with the above directions. NAVIN CHAWLA, J JUNE 22, 2020/rv