Sitaram Ramling Hundekari And Another v. The State Of Maharashtra Through Its Department Of Revenue And Forest And Others

2026:BHC-AUG:9266

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 669 OF 2026 Sitaram Ramling Hundekari And Another

VERSUS

The State Of Maharashtra Through Its Department Of Revenue And Forest And Others Mr. Y. V. Kakde, Advocate for petitioners Mr. S. B. Pulkundwar, AGP for respondent Nos. 1 and 2

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 05th March, 2026 PER COURT :- 1.

Unfortunately, senior citizens are require to approach this Court for directions against the respondent No. 2 Sub-Divisional Officer, Tq. Pathardi, Dist. Ahilyanagar to initiate the necessary action for execution of the order dated 09.10.2023 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act").

2.

Petitioners who are 77 and 76 years old have respondent Nos. 3 to 6 married daughters and respondent No. 7 son. The petitioners were not looked after by the daughters and their son and, therefore, were required to approach the respondent No. 2 for maintenance under the Act. The petitioners had initially filed the said application only against

one daughter, but subsequently, the other daughters and the son were added as respondent. The tribunal under the Act passed order on 09.10.2023 thereby granting maintenance to the petitioner No. 1 at the rate of Rs. 5,000/- per month and for petitioner No. 2 at the rate of Rs. 5,000/- per month i.e., in all amount of Rs. 10,000/- per month and liability was distributed between respondent Nos. 1 to 5 thereby saddling them to contribute amount of Rs. 2,000/- per month. Now, the petitioners say that the other respondents are obeying the order however, respondent Shivkanya Dnyaneshwar Shete and Aruna Vilas Kore are not paying the maintenance amount as directed. They have made representation on 24.03.2025 stating that these two daughters have not paid the amount from February, 2023 to March, 2025, which is amount of Rs. 1,00,000/-. It is then stated that daughter Shivkanya is a Government Contractor and daughter Aruna is in the dress design. 3.

After hearing the learned Advocate for the petitioner, we had asked learned AGP who waives notice for respondent Nos. 1 and 2 as to why the action has not been taken and to get the instructions. Upon instructions from respondent No. 2, he makes a statement that three daughters are paying. Now in all, three daughters and son are paying the amount however, only daughter Shivkanya is not paying the amount. Respondent No. 2 has kept the matter for hearing on 10.03.2026 and he

makes a statement that further proceedings would be taken up expeditiously. We take the said statement as undertaking. 4.

We dispose of the petition upon the said undertaking as there is assurance that he would take up the necessary action for execution of the order. However, at the same time, we are of the opinion that since the petitioners are the senior citizens and there are various facilities as well as schemes introduced by the Government of Maharashtra for the senior citizens. If the petitioners have not applied to the Government to get the benefit under those schemes then the opportunity should be made available to them. We therefore, direct the petitioners to approach Taluka Legal Services Authority, Shevgaon i.e., Chairman, Taluka Legal Services Authority cum Civil Judge, Junior Division and Judicial Magistrate First Class, Shevgaon on Monday i.e., on 09.03.2026 at 2:00 P.M.

We also direct Chairman, Taluka Legal Services Authority, Shevgaon to help the petitioners to make necessary applications under the various schemes and he may take help of Secretary, Taluka Legal Services Authority i.e., Tahsildar, Shevagaon or the Para Legal Volunteers at Shevgaon to make such applications. We also direct Tahsildar, Shevgaon, Dist. Ahilyanagar to process the applications of the petitioners and extend the necessary help.

then only the benefit under the particular scheme should be given to them. As we observe that due to ignorance, the senior citizens or even the ordinary citizens are not approaching the State Government or the various Authorities to get benefit under a particular scheme though they are eligible for the same. With these directions, we dispose of the writ petition.

5.

The Learned Registrar (Judicial) is directed to take immediate action to send a copy to the Taluka Legal Services Authority, Shevgaon. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi