Delhi High Court - Orders
Manish Gulati vs Union Of India And Ors on 6 April, 2022
Author: Manmohan
Bench: Manmohan, Dinesh Kumar Sharma
$~24 to 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
24
+ W.P.(C) 7456/2019, CM APPL. 31053/2019
MANISH GULATI ..... Petitioner
Through: Mr. P. K. Sharma and Ms. Somya
Goel, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Rajesh Gogna, CGSC with Ms.
Priya Singh, Advocates.
25
+ W.P.(C) 7457/2019, CM APPL. 31055/2019
SHASHI GULATI ..... Petitioner
Through: Mr. P. K. Sharma and Ms. Somya
Goel, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Rajesh Gogna, CGSC with Ms.
Priya Singh, Advocates
26
+ W.P.(C) 7680/2019, CM APPL. 31939/2019, CM APPL. 11113/2020
TARUN GULATI ..... Petitioner
Through: Mr. P. K. Sharma and Ms. Somya
Goel, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Vikram Jetly, CGSC with Ms.
Shreya Jetly, Advocate for R-1/UOI.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:07.04.2022
17:34:50
Mr. Shadan Farasat, ASC, GNCTD
with Mr. Hafsa and Mr. Shourya
Dasgupta, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 06.04.2022 Present writ petitions have been filed primarily challenging the legality and validity of Sections 16 and 17 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Learned counsel for the petitioner states that according to the said provision, only the parents and senior citizens have the right to file an appeal to the Appellate Tribunal. He submits that the said provision is arbitrary, illegal and unconstitutional.
A learned Single Judge of this Court in Sudesh Chhikara Vs. State (Govt. Of NCT of Delhi) and Ors., WP(C) 11703/2018 has already held that any of the affected parties can file an appeal.
This court is of the opinion that as it has already been held that any aggrieved party can file an appeal, the issue of law raised in the present writ petitions is academic.
Accordingly, the present writ petitions are disposed of with liberty to the petitioners to file appeals to the Appellate Tribunal.
Learned counsel for the petitioners assures and undertakes to this Court that the appeals shall be filed within three weeks from today. The assurance/undertaking given by learned counsel for the petitioners is Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:07.04.2022 17:34:50 accepted by this Court and the petitioners are held bound by the same.
This Court clarifies that it has not commented on the merits of the controversy. Rights and contentions of all the parties are left open. Needless to state that till the appeals are taken up for hearing, no further coercive action shall be taken against the petitioners.
MANMOHAN, J DINESH KUMAR SHARMA, J APRIL 6, 2022 TS Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:07.04.2022 17:34:50