Anil Suri v. Radheshyam Suri And ORS

02.08.

IN THE CIRCUIT BENCH CALCUTTA HIGH COURT

AT JALPAIGURI CIVIL REVISIONAL JURISDICTION CO 123 OF 2024 Sri Anil Suri Vs Sri Radheshyam Suri & Ors.

Mr. Rajarshi Bhowmik ... For the Petitioner.

1. This revisional application has been filed Ct RUP/KS challenging an order dated 8.7.2024 passed by the learned Sub-Divisional Officer, Alipurduar Sadar under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The order impugned directed the petitioner to vacate the subject premises.

2. The learned Sub-Divisional Officer, Sadar, Alipurduar exercised his power under the Act of 2007 being Presiding Officer of the Tribunal.

3. Under the Act of 2007, the District Magistrate is the appellate authority against any order passed by the Presiding Officer of Tribunal under the Act of 2007 read with West Bengal Maintenance and Welfare of Parents and Senior Citizens Rules, 2008.

4. Both the forums are creature of statute i.e. under the Act, 2007 read with Rules, 2008.

5. In these circumstances, this Court finds hardly

any scope to exercise the supervisory jurisdiction when there is specific appellate forum under the Act, 2007.

6. However, it is submitted that an appeal has already been lodged before the District Magistrate, Alipurduar under the provisions of Section 16 of the 2007 Act.

7. Petitioner is at liberty to make prayer before the appellate tribunal i.e. District Magistrate, Alipurduar.

8. With the aforesaid observation, the revisional application being, CO 123 OF 2024 stands disposed of.

9. Petitioner is at liberty to communicate this order to the learned District Magistrate, Alipurduar.

10.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)