Madhya Pradesh High Court
Dharmendra Singh vs The State Of Madhya Pradesh on 20 December, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 20 th OF DECEMBER, 2023
WRIT PETITION No. 25378 of 2021
BETWEEN:-
DHARMENDRA SINGH S/O KRISHNA PRASAD SINGH,
AGED ABOUT 39 YEARS, OCCUPATION: CONTRACTOR
AND SUPPLIER OF ROAD AND BUILDING MATERIAL
107/A JANAKPURI COLONY BEHIND SAGRA PETROL
PUMP BARGI HILLS JABALPUR MP (MADHYA
PRADESH)
.....PETITIONER
(NONE )
AND
1. THE STATE OF MADHYA PRADESH THR
PRINCIPAL SECRETARY HOME DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. OFFICE OF ADDITIONAL COLLECTOR (URBAN)
THR. ADDITIONAL COLLECTOR DISTT.
JABALPUR MP (MADHYA PRADESH)
3. PRESIDING OFFICER TRIBUNAL CONSTITUTED
UNDER THE. MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZENS ACT 2007 CUM
SUB DIVISIONAL OFFICER REVENUE (MADHYA
PRADESH)
4. OFFICE OF TEHSILDAR J A B A L P U R DISTT.
JABALPUR MP (MADHYA PRADESH)
5. KRISHNA PRASAD SINGH S/O LATE SHRI
PARASNATH SINGH, AGED ABOUT 75 YEARS, D-8
VATSAL HOMES SAINIK SOCIETY SHAKTINAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT SHARMA - GOVERNMENT ADVOCATE FOR THE STATE)
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 22-12-2023
10:57:23
2
(BY SHRI AKASH CHOUDHARY - ADVOCATE FOR THE CAVEATOR)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
This petition is filed being aggrieved of the order dated 18.10.2021 passed by the Additional Collector (Urban), District Jabalpur in Revenue Case No.0008/appeal/year 2021-22 dismissing the appeal filed by the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on the ground that under Section 16 only parents are entitled to prefer an appeal.
I perused the impugned order and did not find any illegality in the same, inasmuch as, Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 categorically says in sub-section (1) that any senior citizen or a parent, as the case may be, aggrieved of an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.
There is no provision for appeal in the hands of the children. When these aspects are taken into consideration and read with the preamble of the Act of 2007 which provides for a more effective provisions for the the Maintenance and Welfare of Parents and Senior Citizens guaranteed and recognize under the Constitution and for matters connected therewith or incidental thereto, then that provision being incorporated with a view to protect the interest of the parent/senior citizen cannot be said to be arbitrary or illegal.
Therefore, there being no illegality in the impugned order, petition is devoid of merits and deserves to be dismissed and is hereby dismissed.
However, petitioner will be at liberty to take recourse to civil law as the case may be for adjudication of his rights and liabilities which do not overlap Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 22-12-2023 10:57:23 3 with the Act of 2007.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 22-12-2023 10:57:23