Delhi High Court - Orders
Sunil Kumar Malhotra & Ors vs Govt Of Nct Of Delhi & Anr on 16 February, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.02.2021 12:21:31
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7859/2020 & CM APPL. 25780/2020 (stay)
SUNIL KUMAR MALHOTRA & ORS. ..... Petitioners
Through None
versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Sumit Jidani, Advocate for
Respondent No.1 (ADM)/GNCTD
(M: 9810664300/9268574300)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.02.2021
1. This hearing has been done through video conferencing.
2. None appears for the Petitioner.
3. None appears for Respondent No.2. Registry also reports that notice could not be issued to Respondent No.2 as his e-mail address was not available. However, notice has been sent by speed post and courier.
4. The present petition challenges the order dated 24th February, 2020 by which the ld. ADM, Maintenance Tribunal for Maintenance of Parents and Senior Citizens, has directed that the Petitioners shall not interfere with the daily routine of Respondent No.2 in any manner or abuse/threaten him.
5. This Court has perused the impugned order. The operative portion of the order reads as under:
"...
Conclusion:-
This Tribunal after considering the all facts of the case, submissions made by the parties and material available on the records and directed/ ordered as under:-
1) The all respondents will not interfere with the daily routine activities of the Applicant in any manner.Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:17.02.2021 11:34
Digitally Signed By:DINESH SINGH NAYAL Signing Date:17.02.2021 12:21:31
2) The all respondents will not to abuse and threaten the Applicant and his family.
3) That all the respondents their aides will not interfere in the opening and running the shop owned by Applicant.
4) The all respondents will arrange their own water connection/ supply within 45 days and not forced to the Applicant for further water supply from his connection.
5) The Station house Officer, Police Station Welcome, District North East, Delhi is directed to ensure the enforcement/compliance of the directions (1), (2), (3) and (4) as ordered above, and also ensure that life, property and opening of the shop by the applicant without interference of all respondents and no further harassment is caused to the applicant in any way by all the respondents.
The Beat staff be deputed for regular visits to the house and shop of the senior citizen/ applicant in order to safeguard the life and property of the applicant.
The compliance report be sent to the Tribunal within two months from the receipt of the order.
The copies of the order are given to the parties without any cost. No order as to cost. File is consigned to the record room."
6. After going through the impugned order, considering the fact that the Applicant before the Tribunal was a Senior citizen and the Petitioners are his legal heirs against whom various allegations have been raised by him, the order passed by the Tribunal is required to protect the interest of the Respondent who was the applicant before the Tribunal. This Court is not inclined to interfere with the impugned order passed by the Tribunal.
7. The petition is dismissed for non-prosecution.
PRATHIBA M. SINGH, J.
FEBRUARY 16, 2021/mw/t Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:17.02.2021 11:34