Pramilabai Gulabarao Morey And Another v. State Of Maha., Thr. District Collector, Buldhana And Others

2023:BHC-NAG:17331-DB 1 WP-7825-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.7825 of 2023 Pramilabai Gulabrao Morey and another

Versus

The State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri V.D. Ruparelia with Shri B.K. Suchak, Counsel for Petitioners. Shri A.M. Ghogare, Assistant Government Pleader for Respondent Nos.1 to 4. Shri V.G. Palshikar, Counsel for Respondent No.5. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

ATE : 18 th DECEMBER, .

1.

The petitioners are the parents of the respondent No.5. The respondent No.5 appears to have certain differences with the petitioners, which have prompted them to move various authorities, including Collector, Mahatma Phule Corporation, Municipal Council, revenue authority, i.e. Sub-Divisional Officer, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the electricity licence company, i.e. Maharashtra State Electricity Distribution Co. Ltd., and the Assistant Commissioner for Food and Drug Department.

2.

It is the case of the petitioners that they are the senior citizens and though they have objected to various acts/deeds of the respondent No.5, the above-referred authorities are not looking into the representations/objections of the petitioners.

3.

When confronted, the learned counsel for the petitioners so also the learned counsel for the respondent No.5 have invited our attention to the pendency of the suit between the respondent No.5 and the petitioner No.2, wherein an order of injunction was issued. It is not in dispute that the injunction restraining the petitioner No.2 from interfering with the right of the respondent No.5 is informed to be in operation. It is informed that the petitioner No.2 has preferred an appeal and has obtained a status quo order and the said order is in force.

2 WP-7825-2023.odt 4.

Be that as it may, it shall always be open for the petitioners to approach the respective authorities with a prayer to pursue such representations/objections which are preferred by them. While pursuing such representations/objections, the petitioners shall also bring to the notice of the above-referred authorities the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 and the consequences thereof. We expect and trust the authorities to decide the representations/objections of the petitioners in accordance with law.

5.

Needless to clarify that if any adverse order is passed against the petitioners, it shall always be open to the petitioners to challenge the same before the appropriate forum.

6.

With the above observations, the petition is disposed of. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR