[2025:RJ-JP:25264] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9707/2025 1. Karan S/o Mohan Singh, Aged About 26 Years, R/o 663-A, Khateeko Ka Mohalla, Jhalana, Slum Area, Malviya Nagar, Jaipur (Raj.) 2. Smt. Ritu Kanwar W/o Karan Singh, Aged About 24 Years, R/o 663-A, Khateeko Ka Mohalla, Jhalana, Slum Area, Malviya Nagar, Jaipur (Raj.) ----Petitioners/Appellants/Non-Applicants Versus 1. Smt. Koyali Devi W/o Late Prabhu Singh, Aged About 64 Years, R/o House No.- 555, (Survey No. 1025/2004), Near Calgiri Hospital, Jhalana Slum Area, Malviya Nagar, Jaipur And House No. 663-A, Khateeko Ka Mohalla, Jhalana, Slum Area, Malviya Nagar, Jaipur (Raj.) ----Respondent-Applicant 2. State Of Rajasthan, Through PP ---Respondent-Non-Appellant For Petitioner(s) : Mr. Ayush Agarwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/07/2025 The instant writ petition has been filed on behalf of the petitioners/non-applicants assailing the order dated 06.05.2025 passed by learned District Collector and District Magistrate, Jaipur in Appeal No.19/2025 (Senior Citizen Appeal), whereby the learned District Collector dismissed the appeal filed by the petitioners/appellants on the ground of jurisdiction. The petitioners/appellants preferred the aforesaid appeal against the order dated 25.06.2024 passed by learned Sub Divisional Officer, Jaipur Second in Case No.49/2022, allowing the [2025:RJ-JP:25264] (2 of 3) [CW-9707/2025] application under Section 5(1)(a)(b) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 filed by respondent-applicant and directing eviction of the petitioners from the subject house i.e., No.663-A, Khateeko Ka Mohalla, Jhalana, Slum Area, Malviya Nagar, Jaipur. The appeal preferred by the petitioners/appellants was dismissed by learned District Collector, Jaipur on the ground of maintainability. This controversy has already been set at rest in the case of Maya Devi and Ors. Vs. Vishweshwar Dayal and Ors (S.B. Civil Writ Petition Nos.11941/2021, decided on 01.05.2023) reported in MANU/RH/0565/2023, holding that the appeal under Section 16(1) of the Act of 2007 is maintainable if the same is filed by the children or relatives. The judgment dated 01.05.2023 passed in the case of Maya Devi (supra) has already been upheld by Hon’ble Division Bench of this Court in the case Kamaljeet Singh Vs. Ummed Singh Poonia and Anr. (D.B. Special Appeal (Writ) No.471/2023, decided on 26.05.2023). Thus, this Court finds no valid reason to take a different view. Accordingly, the impugned order dated 06.05.2025 passed by the District Collector is not sustainable in the eyes of law and therefore, is hereby quashed and set aside. The matter is required to be remitted to the learned District Collector and District Magistrate, Jaipur with direction to decide the appeal (No.19/2025) (Senior Citizen Appeal) filed by the petitioners/appellants on merits in accordance with law after affording due opportunity of hearing to all the respective parties expeditiously, preferably within one month from the date of furnishing certified copy of this order. Both parties are directed to [2025:RJ-JP:25264] (3 of 3) [CW-9707/2025] appear before the learned District Collector and District Magistrate, Jaipur on 14.07.2025. Till final disposal of the appeal by District Collector, Jaipur, effect and operation of the order dated 25.06.2024 passed by learned Sub Divisional Officer, Jaipur Second in Case No. 49/2022, shall remain stayed. Accordingly, the writ petition stands disposed of. Stay application and pending application(s) (if any) also stand disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /75