Jagroop Singh vs Sub Divisional Magistrate Cum ...
2023 Latest Caselaw 19880 P&H

                                                      Neutral Citation No:=2023:PHHC:145655




CWP-2827-2021 (O&M)                         [1]                2023:PHHC:145655



215
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                  CWP-2827-2021 (O&M)
                                                  Date of decision: 16.11.2023

Jagroop Singh

                                                                          ...Petitioner

                                        Versus

Sub Divisional Magistrate-cum-Presiding Officer and another

                                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr. Sarju Puri, Advocate for the petitioner.

            Mr. Kunal Muthreja, AAG, Punjab
            for respondent No.1.

            Mr. Madan Lal, Advocate for respondent No.2.

            ****

VIKAS BAHL, J. (ORAL)

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

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

quashing the order dated 30.12.2020 (Annexure P-1) passed by respondent

No.1 whereby the petition filed by respondent No.2 under Section 23 of the

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has been

allowed.

2. Learned counsel for respondent No.2 has pointed out 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, an appeal lies against the impugned order dated

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Neutral Citation No:=2023:PHHC:145655

CWP-2827-2021 (O&M) [2] 2023:PHHC:145655

30.12.2020 even on behalf of the petitioner.

3. Learned counsel for the petitioner, in view of the above, seeks

to withdraw the present writ petition with liberty to file an appeal, in

accordance with law. It is submitted that since the petitioner has been

pursuing the present petition, then in case the said appeal is filed within a

period of one month from today, the appeal be not dismissed solely on the

ground of limitation.

4. In view of the statement made by learned counsel for the

petitioner, the present writ petition is dismissed as withdrawn with the

aforesaid liberty and in case, the appeal is filed within a period of one

month from today, then the appellate authority would not dismiss the same

solely on the ground of limitation.

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

disposed of in view of the abovesaid order.

16.11.2023                                            (VIKAS BAHL)
Pawan                                                    JUDGE


             Whether speaking/reasoned:-              Yes/No

             Whether reportable:-                     Yes/No




                                                    Neutral Citation No:=2023:PHHC:145655

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