Punjab-Haryana High Court
Kawaljit Singh vs Sub Divisional Magistrate Cum ... on 15 December, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:161168
CWP-13064-2022 along with -1- 2023:PHHC:161168
other connected cases
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(210)
1. CWP-13064-2022
Kanwaljit Singh ....Petitioner
Versus
Sub Divisional Magistrate-cum-Presiding Officer & Ors.
.....Respondents
2. CWP-13080-2022
Kanwaljit Singh ....Petitioner
Versus
Sub Divisional Magistrate-cum-Presiding Officer & Ors.
.....Respondents
3. CWP-13103-2022
Kanwaljit Singh ....Petitioner
Versus
Sub Divisional Magistrate-cum-Presiding Officer & Ors.
.....Respondents
4. CWP-13116-2022
Kanwaljit Singh ....Petitioner
Versus
Sub Divisional Magistrate-cum-Presiding Officer & Ors.
.....Respondents
5. CWP-14174-2022
Parminder Singh ....Petitioner
Versus
Sub Divisional Magistrate-cum-Presiding Officer & Ors.
.....Respondents
Date of decision: - 15.12.2023
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Neutral Citation No:=2023:PHHC:161168
CWP-13064-2022 along with -2- 2023:PHHC:161168
other connected cases
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Prateek Sodhi, Advocate, for the petitioner(s).
Mr. Ajit Singh Natt, AAG, Punjab.
Mr. Vijay Kumar Jindal, Senior Advocate, with
Ms. Rupinder Kaur Thind, Advocate,
Mr. Samar P.S. Ahluwalia, Advocate, and
Ms. Mannat Sibal, Advocate, for respondent No.2.
Mr. Chetan Bansal, Advocate
for respondents No.3, 4 and 7 in CWPs-13064-2022,
13080-2022 and for respondents No.3 and 4
in CWPs-13103-2022, 14174-2022 and
CWP-13116-2022.
Ms. Sarika Gupta, Advocate
for respondents No.6 and 8 in CWPs-13064-2022,
13080-2022, 13103-2022 & for respondents No.6 and 7
in CWP-14174-2022.
****
VIKAS BAHL, J. (ORAL)
1. This order shall dispose of five writ petitions bearing CWP-
13064-2022; CWP-13080-2022; CWP-13103-2022; CWP-13116-2022
and CWP-14174-2022.
2. With the consent of learned counsel for the parties, CWP-
13064-2022 has been taken as the lead case and the facts are being
noticed from the said petition.
3. Challenge in the present writ petition is to the order dated
04.04.2022 (Annexure P-5), whereby respondent No.1/Sub Divisional
Magistrate-cum-Presiding Officer, Maintenance Tribunal, Amritsar II,
District Amritsar, has allowed the application filed by respondent No.2,
who is a senior citizen and has set aside the transfer deed bearing
No.12353 dated 27.12.2017.
4. Learned Senior counsel for respondent No.2 as well as
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Neutral Citation No:=2023:PHHC:161168
CWP-13064-2022 along with -3- 2023:PHHC:161168
other connected cases
learned counsel for the remaining private respondents have submitted that
against the impugned order, an appeal would be maintainable under
Section 16 of The Maintenance And Welfare Of Parents And Senior
Citizens Act, 2007 (hereinafter referred as 'the Act of 2007') and have
submitted that the beneficiaries of the transfer deed have already filed an
appeal before the appellate Tribunal and the same is pending. It is stated
that the petitioners are stated to be agreement to sell holders from the said
beneficiaries. It is further submitted that in view of 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 petitioners would also fall within the definition of aggrieved person so
as to institute the said appeal.
5. Learned State counsel has also submitted that in view of the
above-said judgment of the Hon'ble Division Bench of this Court, the
appeal would be maintainable against the impugned order at the instance
of the petitioner(s).
6. Learned counsel for the petitioner(s), in view of the said
objection taken, seeks to withdraw the present writ petition with liberty to
the petitioner(s) to file an appeal/appeal(s) before the appellate Tribunal.
It is prayed that since the petitioner(s) were pursuing the present remedy,
therefore, in case the petitioner(s) file an appeal/appeal(s) within a period
of 30 days from today, then, the appellate authority be directed not to
dismiss the said appeal/appeal(s) solely on the ground of limitation. It is
further prayed that the petitioner(s) be permitted to move an application
for stay along with the said appeal/appeal(s) and the appellate Tribunal be
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Neutral Citation No:=2023:PHHC:161168
CWP-13064-2022 along with -4- 2023:PHHC:161168
other connected cases
directed to decide the said application in a time bound manner, in
accordance with law.
7. In view of the above-said facts and circumstances, the
present writ petitions are dismissed as withdrawn with liberty to the
petitioner(s) to file appeal/appeal(s) against the impugned orders and in
case the said appeal/appeal(s) is/are filed within a period of 30 days from
today, then, the appellate Tribunal would not dismiss the said
appeal/appeals solely on the ground of limitation. The said
appeal/appeals would be heard along with the appeals filed by Shamsher
Singh, Daler Singh, Gurteg Singh and all sons of late Jaspal Singh, who
have also challenged the order dated 04.04.2022 (Annexure P-5). Counsel
for the parties would make a joint request regarding the same.
8. It would be open to the petitioners to move an application(s)
for stay along with the said appeal/appeals. In case any such application is
filed, then, the appellate Tribunal is directed to consider the said stay
application and pass an appropriate order in accordance with law within a
period of 10 days from the date of filing of the present appeal/appeals
along with the stay application.
9. It is made clear that this Court has not opined on the merits
of the cases and the appellate Tribunal would consider the stay
application as well as the appeal/appeals independently, in accordance
with law.
December 15, 2023 ( VIKAS BAHL )
naresh.k JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:161168
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