1 74. WP No. 5910.2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5910 OF 2022 Shri. Babarao Yashwantrao Rele and anr Vs. District Collector/Appellate Authority, Collector Office, Amravati and ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V. G. Bhamburkar, Advocate for petitioners. Mr. S. B. Bissa, AGP for respondent Nos. 1 and 2. Mr. D. P. Dapurkar, Advocate for respondent Nos. 3 to 5. CORAM : ROHIT W. JOSHI, J. DATE : 15.09.2025. . Heard 2 The petitioner No. 1 is the husband of petitioner No. 2. Respondent Nos. 3 to 5 are the unmarried daughters of the petitioners. The petitioners had filed a proceeding under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The said application came to be decided by the Maintenance Tribunal/respondent No. 2 on 26.04.2018. 3. Perusal of the so-called order dated 26.04.2018 will demonstrate that the learned Tribunal has not decided the application on merits. It has simply issued the following direction:- “vkbZ oMhy o T;s”B ukxfjdkapk pfjrkFkZ o dY;k.kklkBh vf/kfu;e 2007 o fu;e 2010 e/khy izdj.k 6 (dye 20(5)) e/;s ueqn dsY;kizek.ks] “ftYgk iksyhl vf/k{kd vkf.k iksyhl vk;qDrky;kaP;k 2 74. WP No. 5910.2022.odt fBdk.kh iksyhl vk;qDr] jkT; ‘kklukus osGksosGh ikfjr dsysY;k ekxZn’kZd rRokaP;k vf/ku jkgqu] T;s”B ukxfjdkaP;k ftforkps o ekyeRrsps laj{k.k dj.;klkBh loZ vko’;d mik;;kstuk djrhy”] vls ueqn dj.;kr vkysys vlY;kus vtZnkj ;kaps vtkZph izr ;klkscr tksM.;kr ;sr vkgs- rjh vtZnkj ;kaps vtkZoj vkiys Lrjkoj mfpr dk;Zokgh Ogkoh] fg fouarh- lgi= %& vtZnkj ;kaps vtkZph Nk;kafdr izr-” 4. The petitioners filed appeal as provided under Section 16 of the said Act before the respondent No. 1/District Magistrate. The said appeal came to be dismissed vide order dated 25.06.2021. The learned Appellate Authority has referred to an interim order dated 31.12.2013, passed by the Judicial Magistrate, First Class, Court No. 2, Amravati in Misc. Criminal Case No. 87 of 2013, which is a proceeding initiated by the respondent Nos. 3 to 5 (daughters) against the present petitioners (parents) whereby the learned Magistrate has directed the petitioner No. 1/respondent no. 1 (father) to pay maintenance of Rs. 3,000/- per month to each petitioners/respondent Nos. 3 to 5 (daughters) and he is further prohibited/restrained from alienating or disposing of the suit house till disposal of the said proceeding. It is informed that the proceeding under Domestic Violence Act is still pending. 5. Mr. Bhamburkar, the learned Advocate for the petitioners, contends that the petitioners are senior citizens who have been driven out of their house and, 3 74. WP No. 5910.2022.odt therefore, the learned Tribunal ought to have allowed the application. 6. Perusal of the impugned order passed by the learned Tribunal will demonstrate that the learned Tribunal has not considered the application on merits and has not decided the same. The learned Appellate Authority should have considered the correctness or otherwise of the order passed by the learned Maintenance Tribunal. Instead, the learned Appellate Authority simply dismissed the appeal on the ground that another proceeding under the Domestic Violence Act is pending and there is an interim order passed in the said proceeding restraining the petitioner No. 1 from alienating or creating third party interest over the suit property. The appeal is obviously dismissed on misconceived notion. The appellate Authority ought to have remanded the matter to the learned Tribunal with directions to decide the application in accordance with law. 7. The learned Advocate for the respondent Nos. 3 to 5 also agrees that the learned Tribunal has not decided the application on merits and has issued some innocuous directions, that too without following due process of law. 8. In view of the above, the petition is partly allowed. The order dated 26.04.2018, passed by the Respondent No. 2/Maintenance Tribunal in Ø- izLrq&2@T;s”B uk-dk;nk@vtZ@ekyeRrk laj{k.k@dk;Z-@dkfo&617@2018 and order 4 74. WP No. 5910.2022.odt dated 25.06.2021, passed by the Appellate Authority/Respondent No. 1 in Appeal Proceeding No. 01 of 2021 are quashed and set aside. 9. The matter is remanded to the Maintenance Tribunal/Respondent No. 2 for adjudication of the application afresh, in accordance with law. The parties shall appear before respondent No. 2 on 22.09.2025. Parties to note that separate notice for appearance will not be issued. The Respondent No. 2/Maintenance Tribunal is directed to decide the application as expeditiously as possible and, in any case, on or before 31.10.2025. (ROHIT W. JOSHI, J.) Tanmay..