High Court of Punjab and HaryanaCR/5312/2017dismissed

Jasbir Singh And ANR. v. Deputy Commissioner And ANR.

2017-08-11Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 5312 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5312 of 2017 (O&M) Date of decision:- 11.08.2017 Jasbir Singh and anr.

...Petitioner

Versus

Deputy Commissioner and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. J.S. Dadwal, Advocate for the petitioner.

RITU BAHRI J. (Oral) This petition under Article 227 of the Constitution of India is for setting aside order dated 08.06.2017 (Annexure P-2) passed by respondent No. 1.

A bare perusal of the impugned order shows that respondent No. 2 is a senior citizen and the petitioners took first floor of her H. No. 359, Khuda Ali Sher, U.T. Chandigarh on rent in the month of June, 2017 with the assurance that they will left the house within five months as their house was under construction. However, after some time, the petitioners topped making payments of rent and even electricity and water charges, consumed by them. They further beaten respondent No. 2 and demanded payment from her. Thereafter, respondent No. 2 was admitted in Sector 16 Hospital, Chandigarh and thereafter, a case under Section 107/151 Cr.P.C was registered against petitioners. The application of respondent No. 2 under Section 21 and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') seeking protection of life and liberty and property viz H. No. 359, Khuda Ali Sher, U.T. Chandigarh has Naresh Kumar 2017.08.23 16:42 I attest to the accuracy and integrity of this document Chandigarh

C.R. No. 5312 of 2017 (O&M) -2rightly been allowed by respondent No. 1, as in view of Section 21 and 22 of the Act, it is the duty of State to ensure protection of life and property of the senior citizens. The petitioners are accordingly rightly been directed to vacate the house of respondent No. 2 from the date of issuance of the order. In view of the above factual position, order dated 08.06.2017 (Annexure P-2) passed by respondent No. 1 does not require any interference by this Court.

The petition is dismissed.

August 11, 2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.08.23 16:42 I attest to the accuracy and integrity of this document Chandigarh