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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4129 (JK)

ROSHAN LAL v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/2080/2025 · 2025-08-04

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2080/2025 Roshan Lal …..Appellants Through: Mr. Jagpaul Singh, Advocate Vs UT of J&K and ors. .…. Respondents Through: Mrs Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 04.08.2025 1. The petitioner has, through the medium of present petition, sought a direction upon official respondents to entertain his petition seeking eviction order against respondent Nos. 4 & 5 in terms of the provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “Act of 2007”). 2. Issue notice to the official respondents only in the first instance. Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of respondent Nos. 1 to 3. 3. Learned counsel for the petitioner has submitted that in terms of the provisions contained in the Act of 2007, the appropriate authority i.e. respondent No. 3 is vested with power to pass orders inter-alia for eviction of respondents in favour of the aggrieved person but official respondent No. 2 is not entertaining an application in this regard. Sr. No. 146 2 WP(C) No. 2080/2025 4. Having regard to the limited nature of relief that is being sought by the petitioner in this petition, same is disposed of by directing respondent No. 3 to entertain the application of the petitioner seeking relief in terms of the Act of 2007 including the relief of eviction. In case, such an application is made by the petitioner, respondent No. 3 shall entertain the same and proceed in the matter in accordance with law. 5. Disposed of. (SANJAY DHAR) JUDGE JAMMU 04.08.2025 Tarun/PS