[2025:RJ-JP:51578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19411/2025 1. Manoj Kumawat S/o Shri Babulal Kumawat, Aged About 41 Years, R/o Plot No. 44, Adarsh Colony, Bagru, Tehsil Sanganer, District Jaipur Rajasthan. 2. Smt. Pinki Kumawat W/o Shri Manoj Kumawat, Aged About 38 Years, R/o Plot No. 44, Adarsh Colony, Bagru, Tehsil Sanganer, District Jaipur Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor, Jaipur. 2. Babulal Kumawat, Aged About 61 Years, S/o Late Shri Chitarmal Kumawat 3. Smt. Deu Devi Kumawat W/o Shri Babulal Kumawat, Aged About 57 Years, R/o 44, Adarsh Colony, Bagru, Tehsil Sanganer, District Jaipur. ----Respondents For Petitioner(s) : Mr. Vinod Kumar Mathur with Mr. Rahul Ghiya For Respondent(s) : HON'BLE MR. JUSTICE SANDEEP TANEJA Order 19/12/2025 1. The present writ petition has been filed against the order dated 15.10.2025 passed by learned District Magistrate (Collector), Jaipur, whereby the appeal filed by the petitioners under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for the sake of brevity to be referred as ‘Act of 2007’), has been dismissed as non – maintainable. 2. Brief facts of the case are that the applicant - respondent Nos.2 & 3 filed a complaint before the learned Sub-Divisional Officer, Jaipur Second (Sanganer), under Sections 4, 5 & 23 of the Act of 2007, seeking eviction of non – applicants / petitioners Nos. 1 & 2 from residential Plot No.44, Adarsh Colony, Bagru, Tehsil [2025:RJ-JP:51578] (2 of 3) [CW-19411/2025] Sanganer, Distt. Jaipur. The aforesaid complaint was partly allowed by the concerned Sub – Divisional Officer, Jaipur Second (Sanganer) vide order dated 08.09.2025, directing the non – applicants / petitioners not to cause any physical or mental cruelty with the respondent No.2 & 3 and to pay a sum of Rs.10,000/- per month. Being aggrieved by the said order dated 08.09.2025, the petitioners preferred an appeal under Section 16 of the Act of 2007 before the District Magistrate (Collector), Jaipur, which came to be dismissed vide order dated 15.10.2025 on the ground of maintainability. 3. Learned counsel for the petitioners has placed reliance upon following judgments passed by this Court, wherein it has been held that even the children are entitled to prefer an appeal under Section 16 of the Act of 2007.:- 1. Mahendra Singh v. Shri Dhanne Singh (S.B. Civil Writ Petition No.13396/2025); 2. Asha @ Muskan Ramrakhyani & Anr. v. Tarawanti Keswani (S.B. Civil Writ Petition No.12589/2024); 3. Smt. Jamila v. Umardaraz & Ors. (S.B. Civil Writ Petition No.8990/2020) with other connected matter; 4. Kamaljeet Singh v. Ummed Singh Poonia & Anr. (D.B. Special Appeal (Writ) No.471/2023); 4. Heard learned counsel for the petitioners and perused the entire material made available on record. 5. Since, issue involved in the instant writ petition has already been settled by this Court in the above mentioned judgments declaring that the appeal under Section 16(1) of the Act of 2007 is [2025:RJ-JP:51578] (3 of 3) [CW-19411/2025] maintainable, even if the same is filed by the children or relatives, thus, the impugned order dated 15.10.2025 passed by learned District Magistrate (Collector), Jaipur in Case No.52/2025 (Senior Citizen Appeal) titled as Manoj Kumawat v. State, Babulal Kumawat & Ors., is not legally sustainable and consequently the same is quashed and set aside. 6. Accordingly, The matter is remitted back to the District Magistrate (Collector), Jaipur with a direction to decide the said Appeal No.52/2025 filed by the petitioners, afresh on merits, strictly in accordance with law after affording opportunity of hearing to all the respective parties. 7. The instant writ petition is allowed accordingly. 8. Pending application(s), if any, also stands disposed of. (SANDEEP TANEJA),J SAHIL SONI /31