Patna High Court
Ajay Kumar Yadav vs The State Of Bihar Through District ... on 5 March, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.568 of 2023
In
Civil Writ Jurisdiction Case No.18117 of 2022
======================================================
Ajay Kumar Yadav S/o- Sri Chote Lal Yadav R/o- Village- Narayanpur, P.O.-
Nandlalpur, P.S.- Kahalgaon, District- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar through District Magistrate, Bhagalpur.
2. The District Magistrate, Bhagalpur.
3. The Sub- Divisional Officer, Kahalgaon, Bhagalpur.
4. The General Manager, Human Resource, National Thermal Power
Corporation, (N.T.P.C.), Kahalgaon, Bhagalpur.
5. Sri Chotelal Yadav, S/o- Late Biro Prasad Yadav R/o Village- Narayanpur,
Post- Nandlalapur, P.S.- Kahalgaon, District- Bhagalpur.
6. Sri Prem Kumar, S/o- Sri Chotelal Yadav R/o Village- Narayanpur, Post-
Nandlalapur, P.S.- Kahalgaon, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajeev Kumar Singh, Advocate
For the State : Mr. Sanjay Kumar Ghosarvey, AC to AAG-3
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 05-03-2025
Re.- I.A. No. 1 of 2023:-
The learned Advocate for the appellant presses
the afore-noted interlocutory application for condoning
Patna High Court L.P.A No.568 of 2023 dt.05-03-2025
the delay of 46 days in preferring this appeal.
2. For the reasons stated in the application, the
delay of 46 days in preferring this appeal is, hereby,
condoned.
3. I.A. No. 1 of 2023 stands allowed.
Re.- L.P.A. No. 568 of 2023:-
4. We have heard Mr. Ranjeev Kumar Singh, the
learned Advocate for the appellant and Mr. Sanjay Kumar
Ghosarvey, the learned Counsel for the State.
5. The appellant has been directed by the
S.D.O., Kahalgaon under the Maintenance and welfare of
Parents and Senior Citizens Act, 2007 (in short the Act of
2007) to pay Rs. 5000/- per month to his father.
6. The appellant does not have any objection to
the afore-noted order passed by the Tribunal, but he
challenged the order before this Court in C.W.J.C. No.
18117 of 2022 on the plea that while passing such an
order, the Tribunal did not take into account that the
father of the appellant stayed with his another son, who
Patna High Court L.P.A No.568 of 2023 dt.05-03-2025
has a good source of earning and who has an influence
over his father and there is an apprehension that under
his influence, the father would dispose off the family
property to the exclusion of the appellant.
7. The learned Single Judge rightly did not
object to the direction of the Tribunal asking the appellant
to pay an amount of Rs. 5,000/- per month to his father,
but further directed that the S.D.O./Tribunal ought to
have taken into consideration the responsibility of the
other brother with whom the father of the appellant had
been residing.
8. The learned Counsel for the appellant today
submits that there have been some development and,
therefore, the order of the Tribunal requires
alteration/modification which was never interfered with by
the learned Single Judge.
9. We find that the appellant would have been
well advised to appear before the Tribunal under Section
10 of the Act of 2007 and should have prayed for any
Patna High Court L.P.A No.568 of 2023 dt.05-03-2025
modification or alteration of the order passed by him.
10. With the aforesaid observation, this appeal
is disposed off, giving liberty to the appellant to approach
the Tribunal under Section 10 of the Act of 2007, should
it be so desired.
(Ashutosh Kumar, ACJ)
(Harish Kumar, J)
Manoj/Praveen-II
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.03.2025
Transmission Date NA
