Vinayak Mahadev Kajrolkar And ANR v. State Of Maharashtra And ANR

2024:BHC-AS:49235-DB 910wp18716-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18716 OF 2024 Vinayak Mahadev Kajrolkar and Anr.

... Petitioners.

Versus

State of Maharashtra and Anr.

... Respondents.

----- Mr. Abhilash Kurey and Allwyn D'silva a/w. Snehal Kolamkar, Nikesh Uparpelli, Shaheen Siddiqui, Vishal Padvi and Mohnish Kolamkar i/by Legal Legacy's, Advocates for the Petitioners. Mr. P.P. Kakade, Addl.G.P. a/w. Ms.M.P.Thakur, AGP for Respondent-State. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

December 14, 2024 P. C. :

1.

The present Petition has been filed against the order of the Competent Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ("Senior Citizens Act"). The Petitioners have an alternate remedy under Section 16 of the Senior Citizens Act. The issue has been settled by the Division Bench of this Court (Aurangabad Bench) in the case of Jagdish Pitamber Pawar vs. Pitamber Pundalik Pawar and Ors. in Writ Petition No.36 of 2023, wherein it has been held that the remedy of an Appeal is available also to the children and the relatives of the senior citizens.

sa_mandawgad 1 of

910wp18716-24 2.

In light of the availability of alternate remedy, I am not inclined to consider the present Petition. The Petition is disposed of with liberty to the Petitioners to avail the alternate remedy. [Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 16/12/2024 12:53:34