Kulwant Singh Sekhon vs District Magistrate Cum Authority And ...
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Punjab-Haryana High Court

Kulwant Singh Sekhon vs District Magistrate Cum Authority And ... on 14 May, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                 Neutral Citation No:=2024:PHHC:067009




CWP-11148-2024                       [1]



107
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                  CWP-11148-2024
                                                  Date of decision: 14.05.2024

Kulwant Singh Sekhon

                                                                      ...Petitioner

                                         Versus

District Magistrate-cum-Authority and others

                                                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Chetan Bansal, Advocate for the petitioner.

             Mr. TPS Walia, AAG, Punjab.

             ****

VIKAS BAHL, J. (ORAL)

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

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

directing respondent No.1 to entertain and decide the petition filed by the

petitioner under the Maintenance and Welfare of Parents & Senior Citizen

Act, 2007.

2. Learned State Counsel has submitted that as per the latest

instructions No.37848 dated 18.12.2023, even petition seeking eviction

would lie before the Sub Divisional Magistrate-cum-Maintenance Tribunal

and the petition filed by the petitioner (Annexure P-1) before the District

Magistrate would not be maintainable. It is further submitted that the

instructions dated 17.02.2023 have been superceded by the instructions

1 of 2

Neutral Citation No:=2024:PHHC:067009

CWP-11148-2024 [2]

dated 18.12.2023 which now hold the field. Learned State Counsel has also

referred to the judgment dated 18.12.2023 passed by this Court in CWP-

27195-2023 titled as Gurdial Singh Vs. State of Punjab and others, in

which the said instructions have been reproduced.

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

permission of this Court to withdraw the present writ petition as well as

petition (Annexure P-1) with liberty to the petitioner to file a petition for

eviction before the competent authority in accordance with the instructions

dated 18.12.2023 and has prayed that in case any such petition is filed, then,

the same be considered, as expeditiously as possible, since the petitioner is a

senior citizen.

4. In view of the above, the present Civil Writ Petition is

dismissed as withdrawn with liberty to the petitioner to institute a fresh

petition in accordance with instructions dated 18.12.2023 and in case any

such petition is filed then the competent authority would consider and

decide the same, as expeditiously as possible, in accordance with law, after

hearing all the necessary parties.

14.05.2024                                            (VIKAS BAHL)
Pawan                                                    JUDGE


             Whether speaking/reasoned:-              Yes/No

             Whether reportable:-                     Yes/No




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