Brij Bihari Gupta v. 1. Additional District Magistrate Shahdara & ORS.

$~169 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16745/2024, CM APPL. 78791/2025 BRIJ BIHARI GUPTA .....Petitioner Through:

Mr. D. K. Singh, Mr. Pankaj Chauhan, Mr. Virender Rajput, Ms.

Nandini Singh, Advs.

versus 1.ADDITIONAL DISTRICT MAGISTRATE SHAHDARA & ORS. .....Respondent Through:

Mr. Shiven Varma, Adv. for GNCTD Mr.

Rupesh Kumar Thakur (Secretary/Department of Social Welfare) through V/C Ms. Deeptakirti Verma, Ms. Neha Sharma, Advs. for R-3

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 18.12.2025

O R D E R

1.

The present petition has been filed seeking issuance of appropriate directions to respondent no. 1 (concerned Additional District Magistrate, Shahdara) to consider and dispose of the petitioner's application seeking cancellation of the gift deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2.

Vide order dated 04.11.2025, in view of the submission of the parties that the Tribunal contemplated under Section 7 of the aforesaid Act was not functioning, respondent no. 1 was directed to file a status report regarding the filling up of vacancies of the "Maintenance Tribunal" to be constituted under Section 3 of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Subsequent thereto, a status report dated 25.11.2025 came to be filed by the respondent no.1. The same has been taken note of in the order dated 27.11.2025. Vide the said order, directions were issued to the Department of Social Welfare, GNCTD to appoint members to complete the coram of the maintenance tribunal within a period of three weeks from 27.11.2025. 4.

Today, pursuant to directions contained in the order dated 15.12.2025, Mr. Rupesh Kumar Thakur, Secretary of the Department of Social Welfare (GNCTD) has joined the proceedings virtually. He submits that the process of filling up the vacancies of "Non-Official Members of the Maintenance Tribunal" is being expedited.

5.

It is submitted that even until the appointment of the said NonOfficial Members, there is no impediment to the adjudication of matters, inasmuch as the adjudicators functions are to be performed by the concerned ADM, who is the presiding officer. It is submitted that this position flows from Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which reads as under:- " The Tribunal Shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State".

6.

It is submitted that there is nothing in the Act or the Rules which prescribes any mandatory coram so as to restrict the ADM from functioning in the absence of the Non-Official Members.

7.

It is further pointed out that a circular dated 17.12.2025 has been issued by the concerned department, which reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

It is further assured and undertaken that all pending and newly instituted cases shall be taken up promptly and disposed of within the prescribed timelines, with priority to long-pending matters. 9.

As regards the grievance of the present petitioner, it is assured and undertaken that the concerned ADM would take up the matter for hearing on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

06.01.2026, and an endeavour shall be made to decide the same as soon as possible after affording an opportunity of adequate hearing to all the concerned parties.

10.

In case the hearing is not concluded on 06.01.2026, let hearings be scheduled at short intervals so as to conclude the proceedings expeditiously, and preferably within a period of six weeks from today. 11.

No further orders are required to be passed in the present petition at this stage. The same is accordingly disposed of in the above terms. Pending application/s also stands disposed of.

12.

Needless to say, the outcome of the proceedings before the ADM shall be subject to the legal remedies and rights of the parties. SACHIN DATTA, J DECEMBER 18, 2025/uk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.