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Delhi High Court - Orders

Manju Tokas & Anr vs Govt Of Nct Of Delhi & Anr on 6 September, 2023

Author: Subramonium Prasad

Bench: Subramonium Prasad

                                    $~78
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 11864/2023
                                                MANJU TOKAS & ANR.                                                               ..... Petitioners
                                                                                      Through:                 Ms. Rajul Jain, Advocate.

                                                                                      versus

                                                GOVT OF NCT OF DELHI & ANR.                                                      ..... Respondents
                                                                                      Through:                 Ms. Hetu Arora Sethi, ASC-GNCTD
                                                                                                               with Mr. Arjun Basra, Advocate for
                                                                                                               GNCTD.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                         ORDER

% 06.09.2023 CM APPL. 46332/2023 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 11864/2023, CM APPL. 46331/2023

1. The instant writ petition has been filed for a direction to the Appellate Tribunal/Office of the Divisional Commissioner to dispose of the appeal filed vide Case file No.20220000005410 which challenges the Order dated 22.06.2023 passed by the District Magistrate rejecting the application filed by the Petitioner herein regarding the jurisdiction of the District Magistrate to entertain the application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Senior Citizens Act, 2007').

2. It is the case of the Petitioner that the appeal was filed on 11.07.2023, This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:12:15 however, the same is yet to be listed. Learned Counsel for the Petitioner states that Section 16 of the Senior Citizens Act, 2007 provides that any Order passed by the Tribunal constituted under the Senior Citizens Act, 2007 can be challenged before the Appellate Tribunal. She states that, at this juncture, the Petitioner will be satisfied if a direction is given to the Appellate Tribunal to decide the appeal regarding the maintainability of the petition filed by the Respondents under the Senior Citizens Act, 2007.

3. Instead of issuing notice and further prolonging the matter, the Appellate Tribunal is requested to consider the appeal and dispose of the same as expeditiously as possible, preferably within eight weeks from today.

4. The writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J SEPTEMBER 06, 2023 S. Zakir This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:12:15