Dr. Harkishandas Madanlal Sharda vs Rinku Baheti on 12 May, 2023

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Madhya Pradesh High Court

Dr. Harkishandas Madanlal Sharda vs Rinku Baheti on 12 May, 2023

Bench: Maninder S. Bhatti

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                             BEFORE
             HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                       ON THE 12 th OF MAY, 2023
                   WRIT PETITION No. 11050 of 2023

BETWEEN:-
DR. HARKISHANDAS MADANLAL SHARDA S/O LATE
SHRI MADANLAL SHARDA, AGED ABOUT 84 YEARS, E-
7/53, ARERA COLONY BHOPAL (M.P) (MADHYA
PRADESH)

                                                             .....PETITIONER
(BY SHRI R.N. SINGH SENIOR ADVOCATE WITH SHRI PRIYANK
UPADHYAY - ADVOCATE)

AND
1.    RINKU BAHETI W/O SHRI SANDESH SHARDA,
      AGED ABOUT 43 YEARS, R/O FLAT C-1 BUILDING
      IVY GLEN MARIGOLD PHASE COOPERATIVE
      HOUSING SOCIETY LIMITED (CRF) KALYANI
      NAGAR PUNE (MAHARASHTRA) (MAHARASHTRA)

2.    C O L L E C T O R , B H O P A L DISTRICT   BHOPAL
      (MADHYA PRADESH)

3.    THE   APPELLATE    AUTHORITY, APPELLATE
      TRIBUNAL, MAINTENANCE AND WELFARE OF
      PARENTS AND SENIOR CITIZENS ACT, 2007 A
      BLOCK, SULTANIA ROAD, KOHEFIZA, OLD
      SECRETARIAT (MADHYA PRADESH)

                                                           .....RESPONDENTS
(STATE BY MS. GULAB K PATEL - GOVT. ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                   ORDER

Learned Senior Counsel contends that an order dated 6.1.2023 passed on an application moved by the petitioner under the provisions of Maintenance and 2 Welfare of Parents and Senior Citizens Act, 2007 (Act of 2007 for short) has been assailed by the private respondent by filing an appeal before the Appellate Authority, i.e., Collector, Bhopal. The appellate authority, i.e., the Collector, without appreciating that there was a caveat petition by the petitioner, which was received in the office of the Collector on 15.2.2023 and without extending opportunity of hearing to the petitioner, has passed an interlocutory order dated 25.4.2023 by which, the operation of order dated 6.1.2023 passed by the Prescribed Authority under the Act of 2007 has been stayed.

2. It is further contended by learned Senior Counsel that while passing the order impugned the appellate authority posted the matter on 16.5.2023.

Senior Counsel contends that the petitioner herein shall enter appearance and as the appeal was preferred way back on 24.4.2023 before the Collector, the Collector be directed to take decision thereon by 31st May, 2023 after hearing both the parties.

3. The suggestion as put-forth by the Senior Counsel appears to be reasonable.

4. Without expressing any opinion on merit, the Collector-cum-District Magistrate Bhopal is directed to decide the appeal preferred by private respondent finally while extending opportunity of hearing to all concerned including the petitioner and respondent herein by passing a well reasoned and speaking order by 31st May, 2023.

5. The parties are directed to maintain status quo till the appeal is finally decided by the Appellate Authority.

6. With the aforesaid the petition is disposed of.

Certified copy today.

(MANINDER S. BHATTI) JUDGE vivek VIVEK KUMAR Digitally signed by VIVEK KUMAR TRIPATHI TRIPATHI Date: 2023.05.12 15:35:16 +05'30'

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