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2025 DAILYLAW 20480 (BOM)

VIDHYADHAR BABURAO INGALE v. BABURAO WAMAN INGALE AND ANOTHER

WP/6872/2024 · 2025-02-25

Shri R M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6872 OF 2024 Vidhyadhar Baburao Ingale VERSUS Baburao Waman Ingale And Another Mr. N. V. Dhake h/f Mr G. V. Wani, Advocate for Petitioner Mrs. M. N. Ghanekar, AGP for Respondents/State CORAM : R. M. JOSHI, J. DATE : 25th February, 2025 PER COURT :- 1. Learned counsel for the Petitioner makes statement that Collector has refused to entertain the appeal filed under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short “the Act”). He further makes statement that since the Collector has refused to entertain the appeal itself, there was no question to issue of notice to respondents. He, therefore, seeks dispension of notice of this petition notice to the respondents. 2. In view of these facts, notice to the respondents stands dispensed with. 3. Learned counsel for the Petitioner relied upon the judgment of Division Bench of this Court in case of Jagdish Pitamber Pawar Vs. pitamber Pundalik Pawar and ors in Writ Petition No. 36/2023 984-WP-6872-2024.odt 1 of 2 2025:BHC-AUG:5413 wherein it is held that the appeal filed by the person other than the senior citizen is also maintainable under Section 16(1) of the Act. 4. In such circumstances, refusal on the part of the Collector to entertain the appeal is not justified. Impugned order, therefore, stands set aside. Hence, petition stands allowed. 5. Collector, Jalgaon is directed to entertain and decide the appeal in accordance with law. (R. M. JOSHI, J.) bsj 984-WP-6872-2024.odt 2 of 2