Harshal S/O Bandu Yawale And Another v. Sub Divisional Officer, Morshi, And Senior Citizens Maintenance Tribunal, Morshi And Another

2023:BHC-NAG:15211 wp 4044.23.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.

4044/2023 Harshal and another V Sub-Divisional Officer, Morshi and another ***************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

****************************************************************************************** Mr. P.A. Kadu, Adv for petitioners.

Mrs. Charlewar, AGP for resp. no.1.

Mr. Vairagade, Adv for resp. no.2.

C ORAM : AVINASH G GHAROTE J.

DATE : 16-10-2023 Heard Mr. Kadu, learned Counsel for the petitioners, Mr. Vairagade, learned Counsel for respondent no.2 and learned AGP for respondent no.1.

2.

The present petition questions the order dated 10-04-23 passed by the learned Sub-Divisional Officer, Morshi (S.D.O.), under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the said Act'), whereby the Gift Deed dated 09-11-2017 executed by respondent no.2 in favour of respondent no.1 has been cancelled. The only plea raised by learned Counsel for the petitioners is that the impugned order is sans any reason whatsoever. A perusal of the impugned order does indicate so. As page 17 indicates that in 3 sentences, the S.D.O. has decided to cancel the document. In my considered opinion, this does not satisfy the requirement of law as any order under Section 23 of the said Act, cancelling the registered document, will have to be a

wp 4044.23.

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3.

Mr. Vairagade, learned Counsel for respondent no.2 does not dispute what has been spelt in page 79, and three sentences are the only reasons, considering which, the impugned order is hereby quashed and set aside and the matter is remitted back to the learned S.D.O. for any decision which may be taken by him by giving appropriate reasons. JUDGE Deshmukh