Sunita Parshuram Chavan And ORS v. The Collector Solapur And ANR

22-WP-10577-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10577 OF 2025 Sunita Parshuram Chavan & Ors ..Petitioners

Versus

The Collector Solapur and Anr

...Respondents

Mr. Sarang S. Aradhye, with Gauri Velankar and Shantanu Gurav, for the Petitioners.

Mr. B.B. Dahiphale, AGP, for Respondent No.1-State.

CORAM:

N. J. JAMADAR, J.

DATED :

7th AUGUST 2025 P.C.:

1.

Heard the learned Counsel for the Petitioners. 2.

The challenge in this Petition is to an order passed by the District Collector, Solapur, on 13th May 2025, whereby an Appeal preferred by the Petitioners, under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, came to be dismissed, by ARUN RAMCHANDRA SANKPAL affirming an order dated 31st May 2023 passed by the Senior Citizens ARUN RAMCHANDRA SANKPAL Date: 2025.08.08 19:15:31 +0530 Tribunal, thereby directing the eviction of the Petitioner and delivery of the possession of House No. 152 situated at Phataewadi, Solapur. 3.

The learned Counsel for the Petitioners submit that the Petitioners have no objection for the senior citizen residing in the said premises. However, the authorities are proceeding against the House 1/2

22-WP-10577-2025.DOC bearing No. 1428 which is self-acquired property of the Petitioner No.1 Sunita, the daughter-in-law of the Senior Citizen. 4.

The learned Counsel for the Petitioner tendered a copy of the notice issued by the Executive Magistrate under Section 111 of the Code of Criminal Procedure 1973, whereby the Petitioners were directed to show-cause why action under Section 116(3) of the Code of Criminal Procedure, 1973, be not initiated against the Petitioners. 5.

The copies of the order passed by the Tahshildar, in execution of the order passed by the Senior Citizens Tribunal, and the said notice under Section 111 of the Code of Criminal Procedure, 1973, indicate that the order passed by the Senior Citizens Tribunal, in regard to the House Property No. 152, has already been executed and implemented. 6.

In case the Petitioners are aggrieved by the action of the authorities as regards the property bearing House No. 1428, the Petitioners will have to workout their remedies before the appropriate forum.

7.

The impugned orders simply do not relate to the premises, bearing House No. 1428.

8.

The Petition, thus, stands dismissed with liberty to the Petitioners to workout their remedies before the appropriate forum in the appropriate proceedings.

[N. J. JAMADAR, J.] 2/2