Ghanshyam Singh Rawat v. State Of NCT Of Delhi & ORS

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8638/2017 GHANSHYAM SINGH RAWAT ..... Petitioner Through:

Mr. Ashok Agarwal, Ms. Devyani Bhatt and Mr. Anuj Kapoor, Advs.

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

Ms. Prabhsahay Kaur, Adv. for R1 to R4 and R6.

Mr. Priyank Sharma, Adv. for R5.

Mr. Arpit Shukla, Adv. for R7.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 09.10.2018 CM. No. 42274/2018 This application is filed by the applicant / petitioner, seeking therein amendment in para 2 of our order dated 19th September, 2018. The averments erroneously recorded in Para 2 of the order passed on 19th September, 2018 indicating the fact about the applicants / petitioner having approached the Tribunal, is an incorrect fact. In fact, petitioner had not approached the Tribunal.

It was the grievance of the petitioner before us that he, being not

senior citizen, is not entitled to invoke the jurisdiction of the Tribunal under Section 22 / 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2009.

We, therefore, clarify that we have already held that the petitioner has a right to invoke the jurisdiction of the Tribunal, he had approached this court in anticipation that his application would not be entertained by the Tribunal, therefore, filed the instant petition, without going through the process of filing an application before the Tribunal. In view of the above, para 2 of our order dated 19th September, 2018 be treated amended to the extent as clarified hereinabove The application stands disposed of.

CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 09, 2018/jg