Harshal S/O Bandu Yawale And Another v. Sub Divisional Officer, Morshi, And Sr. Citizens Maintenance Tribunal, Morshi And ORS

2025:BHC-NAG:4756 1 wp 2424.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 2424 of 2025 [Harshal s/o Bandu Yawale and anr. ..vs.. Sub Divisional Officer, Morshi and Senior Citizens Maintenance Tribunal, Morshi, Dist. Amravati and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. A. Kadu, Advocate for the petitioners Ms. P. C. Bawankule, AGP for the State Mr. Mahendra Vairagade, Advocate for the caveator/respondent no. 2 CORAM : ANIL L. PANSARE J.

DATED : 05-05-2025 The grievance of the petitioner is that despite order passed by this Court in Ms. Riddhi D/o Prasanna Dawle and another Vs. Smt. Pratibha Wd/o Prabhakar Dawle and others in Writ Petition No. 7683/2023 dated 12-6-2024 placed on record before the learned Collector in support of the contention that remedy to the petitioners under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was available, the Collector refused to entertain the appeal. 2.

Learned Assistant Government Pleader has taken instructions. She submits that the Collector inadvertently has not taken into consideration the said aspect pleaded by the petitioners in appeal memo. She submits that the learned Collector shall proceed with the appeal filed by the petitioners in accordance with the order passed by this Court, if the issue involved is covered.

3.

Since the Collector, Amravati has shown willingness to proceed in accordance with law, the purpose of filing petition will be served, if the proceedings filed by the petitioners under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act is restored to the file of Collector for consideration afresh in accordance with law and in terms of

2 wp 2424.2025.odt order passed by this Court in the case of Ms. Riddhi D/o Prasanna Dawle supra. Order accordingly.

4.

The order dated 23-4-2025 passed by the Collector, Amravati is accordingly quashed and set aside. 5.

The parties shall appear before the Collector, Amravati on 7-5-2025.

(Anil L. Pansare, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 06/05/2025 14:56:34