Hemant Shukla vs Kamla Devi Shukla
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Chattisgarh High Court

Hemant Shukla vs Kamla Devi Shukla on 20 February, 2025

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                                                                        2025:CGHC:8948
                                                                                      NAFR

RAHUL                        HIGH COURT OF CHHATTISGARH AT BILASPUR
JHA
Digitally signed
by RAHUL JHA
Date: 2025.02.22
13:32:38 +0530
                                               WPC No. 790 of 2025


                   1 - Hemant Shukla S/o Late Tulsi Prasad Shukla Aged About 52 Years R/o-
                   Ward No.- 10, Opposite Hotel Ashray, Sitamani Korba, P.S. City Kotwali
                   Korba, District- Korba (C.G.)
                   2 - Vidya Shukla W/o Hemant Shukla Aged About 48 Years R/o- Ward No.- 10,
                   Opposite Hotel Ashray, Sitamani Korba, P.S. City Kotwali Korba, District-
                   Korba (C.G.)
                   3 - Prarthana Shukla W/o Rajendra Prasad Shukla Aged About 40 Years R/o
                   Ward No.- 10, Opposite Hotel Ashray, Sitamani Road Korba, Tehsil And
                   District- Korba (C.G.) Presently Residing At Village Godhiari P.S. And Tehsil
                   Sarangarh, District- Sarangarh-Bilaigarh (C.G.)
                                                                                  Petitioner(s)


                                                       versus

                   1 - Kamla Devi Shukla Wd/o Late Tulsi Prasad Shukla Aged About 65 Years
                   R/o- Ward No.-08, House No.- 382, Opposite Hotel Ashray, Sithamani Road
                   Tehsil And District- Korba (C.G.)
                   2 - Sub Divisional Level Tribunal Constituted Under 'the Maintenance And
                   Welfare Of Parents And Senior Citizen Act 2007' Through President Sub
                   Divisional Officer (Sdo) (Revenue) Korba Tehsil And District- Korba (C.G.)
                   3 - Appellate Tribunal Constituted Under 'the Maintenance And Welfare Of
                   Parents And Senior Citizen Act 2007' Through President Collector District-
                   Korba (C.G.)
                                                                                 Respondent(s)

For Petitioner(s) : Mr. S.N. Nande and Mr. Priyanshu Gupta, Advocates For Respondent(s) : None Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 20/02/2025

1. By the present writ petition, the petitioners are questioning order

impugned dated 09/01/2025 passed by the Appellate Tribunal, Korba

constituted under "the the Maintenance And Welfare Of Parents And

Senior Citizen Act 2007", whereby the Appellate Tribunal declined to

entertain the appeal preferred against the order passed by the Sub

Divisional Level Tribunal dated 07/03/2024 & amended order dated

18/07/2024.

2. Learned counsel for the petitioners submits that the petitioners are the

son and daughter-in-law of respondent No. 1- Kamla Devi Shukla. They

being aggrieved with the order passed by the Sub Divisional Level

Tribunal, Korba, preferred an appeal under section 16 of the

Maintenance & Welfare of Parents & Senior Citizen Act, 2007

(hereinafter referred to as 'the Act, 2007'), however, the Tribunal has

refused to admit the appeal stating that the provisions of Section 16 of

the Act, 2007 is only meant for senior citizens/parents and the scope of

the Act, 2007 can only be availed for welfare of the parents and senior

citizens, as such, the appeal filed by the Petitioners/children would not

be maintainable. Referring to a judgment of Division Bench of this

Court passed in WA No. 188/2022, learned counsel for the petitioners

would submit that the Division Bench in the said judgment has observed

that Section 16 of the Act, 2007 provides right to appeal to any of the

affected parties, as such the Tribunal is an appropriate authority to

entertain the appeal filed by the petitioners.

3. I have heard counsel for the petitioners and perused the impugned order

as well as the judgment passed in Writ Appeal No. 188/2022 (Smt. Rita

Roy v. Maintenance Tribunal & Sub Divisional Officer (Revenue).

4. Upon perusal of the impugned order passed by the Tribunal, it is quite

vivid that the appeal preferred by the petitioners has been rejected on the

ground that the parents/senior citizens can only file such appeal under

the Act, 2007.

5. The Division Bench of this Court in WA No. 188/2022 has observed that

Section 16 of the Act, 2007 provides right to appeal to any of the

affected parties and as such the appellant was granted liberty to avail the

remedy under Section 16 (1) of the Act and it was directed that in the

event of such filing of appeal under Section 16 (1) of the Act, 2007, the

Tribunal shall dispose of the said appeal on merits treating the same to

have been filed within the period of limitation.

6. In view of the above, this writ petition is disposed of leaving a liberty in

favour of the petitioners to approach before the Tribunal by filing an

appeal under Section 16(1) of the Act, 2007, if so advised, within a

period of 30 days from today and the Tribunal is directed to dispose of

the said appeal on merits treating the same to have been filed within the

period of limitation.

Sd/-

(Bibhu Datta Guru) Judge Rahul