CWP-1219 IN THE HIGH COURT OF PUNJAB AND HARYANA Ishwar and others State of Haryana CORAM: Present: KULDEEP TIWARI 1) Constitution of India, P-9), passed by the learned Jhajjar, constituted under the Senior Citizens Act, 2007 preferred by setting aside their application for cancellation of the release deed No.5715 dated 23.11.2015, was dismissed 2) passed the following extracted ord 1219-2023 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ishwar and others Versus State of Haryana and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Rakesh Dhiman, Advocate, for the petitioners. Mr. Bhupender Singh, Addl. A.G., Haryana. Mr. S.S. Mor, Advocate, for respondents No.4 and 5. **** KULDEEP TIWARI, J. (Oral) The instant writ petition, filed Constitution of India, impugns the order dated passed by the learned Appellate Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) preferred by senior citizens-respondents No.4 and 5 setting aside the order dated 09/19.02.2021 their application for cancellation of the release deed No.5715 dated 23.11.2015, was dismissed by the learned Maintenance Tribunal. On the last date of hearing, i.e. 06.04.2026, this Court had passed the following extracted order:- “Learned counsel for respondent No.1 to 3/State, is directed to place on record the notification issued by the State of Haryana, with regard to constitution of Maintenance Tribunal, as well as, learned Appellate Tribunal concerned. List on 17.04.2026. Last and final opportunity is afforded to learned IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1219-2023 (O&M) Date of decision: 17.04.2026 ….Petitioners ….Respondents KULDEEP TIWARI Rakesh Dhiman, Advocate, Bhupender Singh, Addl. A.G., Haryana. instant writ petition, filed under Articles 226/227 of the the order dated 05.07.2022 (Annexure Appellate Tribunal-cum-District Magistrate, Maintenance and Welfare of Parents and (for short, ‘the Act’), vide which, the appeal respondents No.4 and 5 was allowed, thereby .02.2021 (Annexure P-7), whereby, their application for cancellation of the release deed No.5715 dated by the learned Maintenance Tribunal. On the last date of hearing, i.e. 06.04.2026, this Court had “Learned counsel for respondent No.1 to 3/State, is directed to place on record the notification issued by the State of Haryana, with regard to constitution of Maintenance Tribunal, as well as, learned Appellate Tribunal concerned. 026. Last and final opportunity is afforded to learned .2026 s under Articles 226/227 of the (Annexure District Magistrate, Maintenance and Welfare of Parents and appeal thereby , their application for cancellation of the release deed No.5715 dated On the last date of hearing, i.e. 06.04.2026, this Court had “Learned counsel for respondent No.1 to 3/State, is directed to place on record the notification issued by the State of Haryana, with regard to constitution of Maintenance Tribunal, Last and final opportunity is afforded to learned AMIT KUMAR 2026.04.20 18:05 I attest to the accuracy and authenticity of this document CWP-1219 2) relevant notifications. While referring to 08.12.2020, prescribing the composition of the Maintenance Tribunals and Appellate Tribunals, void being Appellate Tribunal are required to comprise Sub-Divisional Magistrate and the Deputy Commissioner/District Magistrate acting as their respective Chairman case, not only solely by the Sub Divisional decided by thereby lacking the mandatory coram. (supra), issued by hereinafter : 1219-2023 (O&M) -2- counsel for respondents No.1 to 3/State, to do the needful. To be shown in the urgent list. Interim order to continue till the next date of hearing.” In compliance, learned State counsel has produced the relevant notifications. While referring to 08.12.2020, prescribing the composition of the Maintenance Tribunals and Appellate Tribunals, he fairly submits that g coram non judice, for both the Maintenance Tribunal and the Appellate Tribunal are required to comprise Divisional Magistrate and the Deputy Commissioner/District Magistrate acting as their respective Chairman not only the order dated 09/19.02.2021 (Annexure P solely by the Sub Divisional Magistrate decided by the District Magistrate, Jhajjar, in his individual capacity, thereby lacking the mandatory coram. The relevant part of the , issued by Social Justice and Empowerment Haryana, hereinafter :- “Notification The 8th December, 2020 No. 1041-SW(4)-2020.— Government Notification No. 1373 the Governor of the Haryana is pleased to reconstitute the three Member (One Official Member and Two Non Maintenance Tribunal/Appellate Tribu Divisional level and District level under the Chairmanship of each Sub-Divisional Magistrate and District Magistrate respectively within their respective jurisdiction as per provisions of Section and 15 of the Maintenance and Wel Citizen Act, 2007 and further nominate the other two Non Members of both the Tribunals. The tenure of the Non Members shall be three years from date of joining and both the Tribunals will perform duties/function counsel for respondents No.1 to 3/State, to do the needful. To be shown in the urgent list. Interim order to continue till the next date of In compliance, learned State counsel has produced the relevant notifications. While referring to the notification dated 08.12.2020, prescribing the composition of the Maintenance Tribunals he fairly submits that the impugned orders are both the Maintenance Tribunal and the Appellate Tribunal are required to comprise of three members, with the Divisional Magistrate and the Deputy Commissioner/District Magistrate acting as their respective Chairman. However, in the present .02.2021 (Annexure P-7), was passed Magistrate, but also the appeal has been the District Magistrate, Jhajjar, in his individual capacity, The relevant part of the notification dated 08.12.2020 mpowerment Haryana, is extracted Notification The 8th December, 2020 — In continuation of the Haryana Government Notification No. 1373-SW(4)-2016, dated 17.11.2016, the Governor of the Haryana is pleased to reconstitute the three Member (One Official Member and Two Non-Official Members) Maintenance Tribunal/Appellate Tribunal at the following Sub Divisional level and District level under the Chairmanship of each Divisional Magistrate and District Magistrate respectively within their respective jurisdiction as per provisions of Section and 15 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and further nominate the other two Non-Official Members of both the Tribunals. The tenure of the Non-Official Members shall be three years from date of joining and both the Tribunals will perform duties/functions as per the provisions of the Interim order to continue till the next date of In compliance, learned State counsel has produced the notification dated 08.12.2020, prescribing the composition of the Maintenance Tribunals are both the Maintenance Tribunal and the three members, with the Divisional Magistrate and the Deputy Commissioner/District n the present , was passed has been the District Magistrate, Jhajjar, in his individual capacity, 08.12.2020 extracted In continuation of the Haryana 2016, dated 17.11.2016, the Governor of the Haryana is pleased to reconstitute the three Official Members) nal at the following Sub- Divisional level and District level under the Chairmanship of each Divisional Magistrate and District Magistrate respectively within their respective jurisdiction as per provisions of Section-7 fare of Parents and Senior Official Official Members shall be three years from date of joining and both the s as per the provisions of the AMIT KUMAR 2026.04.20 18:05 I attest to the accuracy and authenticity of this document CWP-1219 3) respondents matter. 4) the conceded option, but to set aside judice. 5) 7), and 05.07.2022 (Annexure P remitted Divisional Magistrate, to decide the same relevant notification 6) learned Maintenance Tribunal concerned latter shall decide the matter, the Act of 2007, and the apposite Rules, including the grant of a fair opportunity of hearing to all the parties concerned, within a period of three months from the receipt of a certified copy of this order. expected that the application (su without being influenced by the observations already recorded 7) 17.04.202 Ak Sharma 1219-2023 (O&M) -3- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Haryana Maintenance of Parents and Senior Citizens Rules, 2009.” In response, learned counsel for the respondents No.4 and 5, do not refute the abovesaid factual aspect of the Having heard learned counsel for the parties, conceded position, as referred to above, this Court , but to set aside both the abovesaid Accordingly, the orders dated 09 7), and 05.07.2022 (Annexure P-9) are to learned Maintenance Tribunal concerned, headed by Sub Divisional Magistrate, to decide the same notification. The parties are directed to cause appearance before the learned Maintenance Tribunal concerned, on latter shall decide the matter, after due compliance of the provisions the Act of 2007, and the apposite Rules, including the grant of a fair opportunity of hearing to all the parties concerned, within a period of three months from the receipt of a certified copy of this order. expected that the application (supra), shall be decided on its own merits, without being influenced by the observations already recorded Consequently, the instant writ petition is .2026 Whether speaking/reasoned Whether reportable Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Haryana Maintenance of Parents and Senior Citizens counsel for the petitioners, and refute the abovesaid factual aspect of the Having heard learned counsel for the parties, and in view of as referred to above, this Court has no other both the abovesaid orders, being coram non dated 09/19.02.2021 (Annexure P- are set aside, and the instant lis is to learned Maintenance Tribunal concerned, headed by Sub Divisional Magistrate, to decide the same afresh, in accordance with the The parties are directed to cause appearance before the , on 04.05.2026, whereupon, the after due compliance of the provisions of the Act of 2007, and the apposite Rules, including the grant of a fair opportunity of hearing to all the parties concerned, within a period of three months from the receipt of a certified copy of this order. It is also pra), shall be decided on its own merits, without being influenced by the observations already recorded Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE Yes Yes/No Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Haryana Maintenance of Parents and Senior Citizens petitioners, and refute the abovesaid factual aspect of the view of has no other non - is to learned Maintenance Tribunal concerned, headed by Sub afresh, in accordance with the The parties are directed to cause appearance before the .2026, whereupon, the of the Act of 2007, and the apposite Rules, including the grant of a fair opportunity of hearing to all the parties concerned, within a period of It is also pra), shall be decided on its own merits, AMIT KUMAR 2026.04.20 18:05 I attest to the accuracy and authenticity of this document