Ramkala v. District Magistrate-Cum District Collector, Sirsa And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-6382-2018 (O & M) Date of decision: 11.12.2018 Ramkala .... Petitioner(s) V/s District Magistrate-cum-District Collector, Sirsa, District Sirsa and anr.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE RAJAN GUPTA
Present:
Mr. P.S. Jammu, Advocate, for the petitioner. Mr. Saurabh Mohunta, DAG, Haryana.
Mr. Satbir Gill, Advocate, for respondent No.2. ***** RAJAN GUPTA , J. (Oral) Petitioner has impugned order dated 09.02.2018, Annexure P-3, passed by the authority under the Maintenance and Welfare of the Parents and Senior Citizen Act (for short 'the Act'). It has been inter alia contended that proceedings could not have been initiated against daughter in law. Section 2-A of the Act has been referred to wherein daughter-in-law and minor children do not figure. According to the counsel for the petitioner, this aspect has been overlooked by the authority. Even otherwise, order cannot be said to be strictly within the ambit of the provisions of the Act. He, thus, prays that the matter be remitted to the same authority for a decision afresh.
This prayer is not opposed by the State counsel. However, counsel for respondent No.2 has opposed the prayer. According to him, the authority has rightly directed the eviction of the petitioner from the premises in question.
SUKHPREET KAUR 2018.12.15 17:37 I attest to the accuracy and integrity of this document
CWP-6382-2018 (O & M) ::2::
This court does not intend to express any opinion on the merits of the case. However, keeping in view the contention made by learned counsel for the petitioner as regards applicability of the Act, this court deems it fit to set aside the impugned order and remit it to the same authority for a decision afresh after affording an opportunity of hearing to the parties. Allowed in these terms.
(RAJAN GUPTA) December 11, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2018.12.15 17:37 I attest to the accuracy and integrity of this document