Shri. Sanjit Kumar Bachar v. The Chairman, Senior Citizen Welfare And Maintenance Tribunal (Scwmt) / Sdm And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/255/2025 Shri Sanjit Kumar Bachar Vs.

The Chairman, Senior Citizen Welfare and Maintenance Tribunal (SCWMT)/ SDM and others Ms. A S Zinu ... for the petitioner Ms. Babita Das ... for the respondent no.1 July 01, 2025 [Manoj] Item No.18 Let the affidavit of service filed by the petitioner be kept with the record. Despite service, respondent nos. 2, 3, and 4 are not represented.

The order dated May 21, 2025, passed by the Senior Citizen Welfare and Maintenance Tribunal, South Andaman, is under challenge in the present writ petition. The operative part of the impugned order is quoted below: "It is hereby ordered that the respondent, Sanjit Bachar, S/o Late Gopal Bachar, R/o Collinpur Village, must vacate Shop No. 03, located on Survey No. 64, measuring 300 sq. meters (total area: 0.51 hectares), classified as commercial, situated in Chouldari (Carikabad) village, within 15 days from the date of this order. Failure to comply will result in the Tehsildar, Ferrargunj, executing the order with the assistance of the SHO, Police Station Ograbraj. The petitioner is hereby granted the right to regain possession and enjoyment of his property after the respondent vacates the premises. Hence, the petitioner's request is granted." The petitioner submits that the said order was passed without supplying him a copy of the complaint. It has been specifically pleaded in the writ petition that he had asked for a copy of the complaint but was not provided the same.

A perusal of the order dated May 21, 2025, makes it clear that it is an eviction order passed against the petitioner at the instance of one Suren Gharami, who claims to be a senior citizen.

In my view, the impugned order is without jurisdiction and is liable to be set aside.

The relevant Tribunal was constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 7 is quoted below:

"7.

Constitution of Maintenance Tribunal

(1) The State Government shall, within a period of six months from the date of the commencement of this Act, by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals, as may be specified in the notification, for the purpose of adjudicating and deciding upon orders for maintenance under Section 5.

(2) The Tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State.

(3) Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them." The Tribunal is authorized only to decide applications filed under the said Act for maintenance and related reliefs. It is absolutely clear that the Tribunal has no jurisdiction to pass an eviction order.

Accordingly, the impugned order dated May 21, 2025, is set aside.

With the above observations, WPA/255/2025 is disposed of.

(Kausik Chanda, J.)