[2025:RJ-JP:19551] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12589/2024 1. Asha @ Muskan Ramrakhyani Wife Of Ashok Ramrakhyani,daughter Of Late Shri Hemchand Keswani, Aged About 49 Years, Resident Of H.no. 35/92, S. F. S. Mansarovar, Jaipur - Raj. 2. Ashok Ramrakhyani Son Of Chimanlal Ramrakhyani, Aged About 52 Years, Resident Of H. No. 35/92, S. F. S. Mansarovar, Jaipur - Raj. ----Petitioners Versus Tarawanti Keswani Wife Of Late Shri Hemchand Keswani, Aged About 80 Years, Resident Of House No. 35/92, S. F. S. Mansarovar, Jaipur, Raj. ----Respondent For Petitioner(s) : Mr. Yunus Khan For Respondent(s) : Mr. Dhanesh Kumar Sen HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/05/2025 The instant writ petition has been filed on behalf of the petitioners/appellants assailing the order dated dated 09.07.2024 passed by Learned District Magistrate and District Collector, Jaipur in Case No.29/2024 (Senior Citizen Appeal), whereby the learned District Magistrate dismissed the appeal filed by the petitioners/appellants on the ground of jurisdiction. The petitioners/appellants preferred the aforesaid appeal against the order dated 10.06.2024 passed by learned Sub Divisional Officer, Jaipur Second (Sanganer) in case No.40/2023, allowing the application under Sections 4, 5 and 23 of the [2025:RJ-JP:19551] (2 of 3) [CW-12589/2024] Maintenance and Welfare of Parents and Senior Citizen Act, filed by the respondent-non appellant and directing eviction of the petitioners from the subject house i.e., No.35/92 SFS Mansarovar, Jaipur. The appeal preferred by the petitioners/appellants was dismissed by the learned District Magistrate, 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 09.07.2024 passed by the District Magistrate is not sustainable in the eyes of law and therefore, is hereby quashed and set aside. The matter is remitted to learned District Collector and District Magistrate, Jaipur with direction to decide the appeal (No.29/2024) (Senior Citizen Appeal) afresh 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 appear before the learned District Collector and District Magistrate, Jaipur on 22.05.2025. Till final disposal of [2025:RJ-JP:19551] (3 of 3) [CW-12589/2024] the appeal by District Collector, Jaipur, the interim order dated 13.08.2024 passed by this Court, staying effect and operation of the order dated 10.06.2024 passed by learned Sub Divisional Officer, Jaipur Second (Sanganer) in Case No.40/2023, shall remain in currency. The writ petition is disposed of accordingly. Stay application and all application(s) (pending, if any) also stand disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /192