Buddh Narain Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6685 MP

                                                                              1                            WP-22690-2021
                                                The High Court Of Madhya Pradesh
                                                           WP-22690-2021
                                                 (BUDDH NARAIN MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                        1
                                        Jabalpur, Dated : 22-10-2021
                                              Heard through Video Conferencing.
                                              Shri S.K.Rao, learned Senior Advocate with Shri Santosh Tiwari,
                                        learned counsel for the petitioner.
                                              Shri Manoj Kushwaha, learned Panel Lawyer for the respondents/State.

The present petition been filed seeking innocuous relief to direct

respondent no.2 to decide the pending case of the petitioner. It is submitted that the petitioner is a senior citizen and filed an application before respondent no.2 under the provision of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as "the Act, 2007"). The application was filed on 01.12.2020 and thereafter no further proceedings have been taken up except adjournments in the matter. He has filed order sheets to demonstrate the fact that no substantial proceedings have been taken up by respondent no.2 only adjournments have been granted in the matter. He further relied upon the judgment passed by the High Court of Judicature at

Bombay in W.P.No.2400/2021 decided on 15.09.2021 (Ashish Vinod Dalal & Ors. Vs. Vinod Ramanlal Dalal & Ors.) wherein, similar aspect was considered and the petition was allowed. However, the Act clearly says that if such an application is been filed, the same should be considered and decided expeditiously. Although there is a remedy of approaching the superior authorities available to the petitioner. Considering the innocuous prayer made by the petitioner and looking to the order sheets which are filed along with the petition, this Court deems it appropriate to entertain the writ petition.

P e r contra, learned counsel for the State has no objection to the innocuous prayer of the petitioner and submits that application of the petitioner pending before the respondent no.2 the same shall be considered Signature Not Verified SAN and decided expeditiously.

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.23 10:17:44 IST 2 WP-22690-2021 Considering the overall facts and circumstances of the case and the innocuous prayer made by the counsel for the petitioner coupled with the object of "the Act, 2007", this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to file a certified copy of this order before respondent no.2 and in turn respondent no.2 is directed to

consider and decide the pending application of the petitioner within a period of three months from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed of.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.23 10:17:44 IST