WPCRL/316/2022
2022 Latest Caselaw 415 UK

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                                  WPCRL No.316 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Sandeep Tandon and Ms. Tajaswina Sagar, learned counsel for the petitioner.

Mr. V. S. Rathore, learned AGA for the State. This writ petition is preferred against the order dated 05.01.2022 passed by the Appellate Maintenance Tribunal/District Magistrate, Dehradun u/s 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter to be referred as 'the Act'), in Appeal No.01 of 2022 "Smt. Swaroopa Awasthi vs. Sudhir Awasthi".

Heard on the Stay Application (IA/1/2022). From the record, it appears that the writ petitioner filed an application before the concerned SDM u/s 24 of the Act, where-upon, the concerned Magistrate passed the order on 18.12.2021; aggrieved by it, the respondent nos.3 and 4 preferred the Appeal No.01 of 2022, wherein, the District Magistrate, exercising the powers as an Appellate Authority, passed the impugned order on 05.01.2022, aggrieved thereby, present writ petition has been preferred.

It is submitted by learned counsel that the writ petitioner is the husband of respondent no.4 while respondent no.3 is his son; the writ petitioner is an old and infirm retired IPS Officer; that in appeal, the respondents-appellants did not file any separate stay application nor did they make any such prayer in appeal; in spite of that, the concerned District Magistrate has stayed the effect and operation of the judgment and order dated 18.12.2021 passed by the SDM, Dehradun in Case No.52/2021-22, which is prima facie illegal; it is also submitted that the vehicles kept in the house, belonging to the writ petitioner, have been kept in the residence belonging to the petitioner; he has no other place of dwelling at Dehradun and he has been ousted from his house for last three months.

The learned counsel for the State, who has received instructions on behalf of respondent nos.1, 2 and 5, prays for and is allowed three weeks' time to file counter affidavit to the writ petition.

Issue notices to respondent nos.3 & 4. Steps be taken within two days for effecting service by learned counsel for the petitioner.

List the matter on 21.03.2022.

In the meantime, the effect and operation of the impugned order dated 05.01.2022 passed by the Appellate Authority/D.M. Dehradun in Appeal No.01 of 2022, Swaroopa Awasthai and another v. Sudhir Awasthi, shall remain stayed.

Let a certified copy of this order be supplied, today itself, to the learned counsel for the parties, on payment of usual charges.

(R.C. Khulbe, J.) 24.02.2022 R.Bisht