Hari Kishan And Anr vs Additional Deputy Commissioner ...
2023 Latest Caselaw 11511 P&H

                                                     Neutral Citation No:=2023:PHHC:098609




CWP-16027-2018                      [1]                2023:PHHC:098609



260-A
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                 CWP-16027-2018
                                                 Date of decision: 01.08.2023
Hari Kishan and another
                                                                        ...Petitioners
                                        Versus
Additional Deputy Commissioner-cum-Maintenance Tribunal and others
                                                                     ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr. Sanjeev Sharma, Advocate for the petitioners.

            Mr. Mohinder S. Nain, Additional Standing Counsel, UT and
            Mr. Deepak Malhotra, Standing Counsel
            for respondent Nos.1 and 2.

            Mr. Vaibhav Narang, Advocate for respondent No.3.

            Mr. Ajay Bhardwaj, Advocate for respondent No.4.

            ****

VIKAS BAHL, J. (ORAL)

1. This is a Civil Writ Petition filed under Articles 226/227 of the

Constitution of India for issuance of a writ in the nature of certiorari for

quashing of order dated 07.06.2018 (Annexure P-4) passed by respondent

No.1 under Sections 21 and 22 of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007.

2. On 28.07.2023, this Court had passed the following order:-

"Learned counsel for appearing respondents have submitted that in view of the judgment passed by the Hon'ble Division Bench of this Court in Paramjit Kumar Saroya Vs. Union of India and another, reported as 2016(3) RCR (Civil) 146, the impugned order is appealable before the appellate Tribunal which has been constituted vide notification dated

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Neutral Citation No:=2023:PHHC:098609

CWP-16027-2018 [2] 2023:PHHC:098609

01.12.2017.

Learned counsel for the petitioners prays for a short adjournment to get instructions in the matter.

Adjourned to 01.08.2023.

To be taken up at 12:00 PM.

It is made clear that no further adjournment would be granted.

A photocopy of this order be placed on the file of connected case."

3. Learned counsel for the petitioners has submitted that in view of

the same, he seeks permission of this Court to withdraw the present Civil Writ

Petition with liberty to the petitioners to file statutory appeal, in accordance

with law. It is further prayed that in case, the petitioners file an appeal within a

period of one month from today then the Appellate Authority be directed not to

dismiss the same solely on the ground of limitation as the petitioners had been

pursuing the present writ petition.

4. Keeping in view the abovesaid facts and circumstances, the

present Civil Writ Petition is dismissed as withdrawn with liberty to the

petitioners to file statutory appeal before the Appellate Authority. In case, the

said appeal is filed within a period of one month from today then the same

would not be dismissed solely on the ground of limitation by the Appellate

Authority.

5. All the pending miscellaneous applications, if any, shall stand

disposed of in view of the abovesaid order.

01.08.2023                                    (VIKAS BAHL)
Pawan                                            JUDGE
             Whether speaking/reasoned:- Yes/No

             Whether reportable:-               Yes/No

Neutral Citation No:=2023:PHHC:098609

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