1 2025:CGHC:38971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4090 of 2025 1 - Smt. Khushboo Brahma W/o Varun Kumar Brahma Aged About 30 Years R/o Netaji Chowk, House No. 27/999 P.S. Civil Lines, New Shanti Nagar Raipur, Dist. Raipur, C.G. 2 - Varun Kumar Brahma S/o Shri Vipul Kumar Aged About 32 Years R/o Netaji Chowk, House No. 27/999 P.S. Civil Lines, New Shanti Nagar Raipur, Dist. Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Maintenance Tribunal And Sub Divisional Officer (Revenue), District- Durg, Chhattisgarh. 2 - Tehsildar Kunda, Dist.- Kabirdham, C.G. 3 - Shri Madhusudan Mandal S/o Adharchandra Mandal Aged About 65 Years R/o Netaji Chowk, House No. 27/999 P.S. Civil Lines, New Shanti Nagar Raipur, Dist. Raipur, C.G. 4 - Smt. Smriti Mandal W/o Madhusudan Mandal Aged About 62 Years R/o Netaji Chowk, House No. 27/999 P.S. Civil Lines, New Shanti Nagar Raipur, Dist. Raipur, C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ravi Kumar Kashyap, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/08/2025 1. The present writ petition has been filed following relief:- (10.1) That, this Hon'ble Court may kindly be pleased to quash the order dated 18.07.2025 vide Annexure-P/1 passed by the respondent Digitally signed by JYOTI JHA Date: 2025.08.20 11:03:59 +0530 2 No.1/Maintenance Tribunal and Sub-divisional Officer (Revenue) directing the eviction of the petitioner from the house of Private Respondents. 10.2 That, the petitioner further prays that this Hon'ble Court may kindly be pleased to direct the Respondent authorities to immediately cease any further action regarding the eviction of the petitioner from the residence & not to take any actions regarding eviction of the petitioners from the house in question. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 2. Learned counsel for the petitioner submits that the Private Respondent No. 3 & 4, related as uncle-aunt of the petitioners, have filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before learned Court of President, Maintenance Tribunal and Sub-divisional Officer (Revenue) Raipur (C.G.), seeking to declare the transfer of their property as null and void. The respondents No. 3 & 4 stated that they own a residential property in Raipur, where the nephew (Petitioner No. 2) resided temporarily and later married the Petitioner No. 1 with whom he now lives with their child. The Private Respondents alleged that the Petitioners had behaved abusively, caused disturbances, and engaged in suspicious conduct, including false complaints against the Private Respondents. Whereas the actual facts are that the Petitioner no. 2 and respondent no. 3 are blood relatives, with respondent No. 03 being the paternal uncle of Petitioner No. 01, and the property in question is a three-story building generating rental income. The respondent No. 03 is a retired bank employee earning Rs. 60,000-Rs. 70,000 monthly, while the Respondent No. 4, unable to have children due to medical issues, 3 raised their nephew Varun (Petitioner No. 2) and adopted a girl named Meghna, who was later brought into the private respondent's family and treated as their daughter. After Meghna's arrival, relations between the Petitioners and private respondents deteriorated, resulting in domestic violence, neglect. The Petitioner No. 2 has been employed since age 12, diligently paying vehicle loan EMIs. Although the Private Respondents initially approved of the Petitioner's marriage, they later harassed the bride over dowry, discriminated against her, and subjected her to mental harassment, including forced separation during pregnancy in 2021. The Private Respondents delayed installing electricity meters, leading to a confrontation without legal action, and disputes over water supply caused verbal abuse and police complaints. 3. Learned counsel for the petitioner submits that the learned Court of President, Maintenance Tribunal and Sub-divisional Officer (Revenue) Raipur (C.G.) passed an order dated 18.07.2025 whereby directing the petitioners to vacate the house in question. The Petitioners respectfully submit that the order passed by the learned Tribunal is erroneous and unsustainable in law, and therefore needs to be quashed/set aside by this Court in the interest of justice and to uphold and preserve the rights of the Petitioners. 4. Learned counsel for respondents opposes the submission made by the learned counsel for the petitioner and submits that being aggrieved by the activities and behaviour of the petitioners, the respondent No. 3 & 4 filed the application before the concerned tribunal for requesting to evict the petitioners and to vacate possession of the house, therefore after considering the facts, the concerned Tribunal has passed the order 4 dated 18.07.2025. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and considering the impugned order, this Court finds that the concerned tribunal after considering all the relevant documents and submission of both parties, has passed the impugned order dated 18.07.2025, therefore, this Court does not find any ground to entertain this petition. Accordingly, the writ petition is dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti