Pramila Ramdas Thakare vs Arun Ramdas Thakare And Anr
2022 Latest Caselaw 2248 Bom

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         SHAGUFTA
SHAGUFTA Q PATHAN                                                            26-wp-6172-2021.doc
Q PATHAN Date:
         2022.03.09
         12:58:53
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL WRIT PETITION NO. 6172 OF 2021


                  Pramila Ramdas Thakare                              ...Petitioner
                      Versus
                  Arun Ramdas Thakare & Ors.                          ...Respondents


                  Mr. Sachin Gite for the Petitioner

                  Mr. Pandit Kasar for the Respondent Nos. 1 & 2

                  Ms. Anamika Malhotra, A.P.P for the Respondent No.3-State


                                            CORAM : REVATI MOHITE DERE, J.

MONDAY, 7th MARCH 2022

P.C. :

1 Heard learned counsel for the petitioner.

2 By this petition, the petitioner has impugned the order dated 3 rd

March 2021 passed by the Appellate Authority under the the Maintenance

and Welfare of Parents and Senior Citizens Act 2007 (`Senior Citizens Act')

i.e. the Collector. He submits that the Sub-Divisional Officer (`SDO'), on

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an application preferred by the petitioner under the Senior Citizens Act, had

allowed the petitioner's application and had directed the respondent Nos. 1

and 2 to handover one block on the ground floor to the petitioner for

staying. He submits that the said order passed by the SDO dated 19 th

October 2020 was challenged by the respondent No.1 before the Collector

i.e. the Appellate Tribunal under Section 16 of the Senior Citizens Act,

though the appeal was not maintainable. Learned counsel relied on the

judgment of Nayana Sudhir Shah & Ors. vs. Sudhir Premji Shah & Ors. 1

passed by this Court. He submits that under Section 16 of the Senior

Citizens Act, it is only a senior citizen or a parent, as the case may be, who

is permitted to prefer an appeal before the Appellate Tribunal and that the

children or a relative are precluded from preferring an appeal against order

of a Tribunal.

3 Issue notice to the respondents. Learned A.P.P waives notice on

behalf of the respondent No.3-State. Mr. Pandit Kasar waives notice on

behalf of the respondent Nos. 1 and 2 and seeks time.

1    2020 (5) Mh.L.J. 605

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            4            On the request of the learned counsel appearing for the

respondent Nos. 1 and 2, stand over to 21st March 2022.

5 It is made clear that the petition will be heard finally at the

stage of admission.

6 In the meantime, the impugned order dated 3 rd March 2021 is

stayed, till the next date.

REVATI MOHITE DERE, J.

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