[2025:RJ-JP:19960] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2460/2024 Smt. Mamta Gurjar W/o Shri Umesh Singh Gurjar, Aged About 35 Years, R/o 691 Aa, Krishi Nagar, Kalabad Ki Dhani, Govindpura Road, Toll Tax, Sanganer, District Jaipur. ----Petitioner Versus 1. Ramkishan Gurjar S/o Late Shri Devilal Gurjar, Aged About 63 Years, R/o Village Alipur Chaan, Tehsil And District Tonk, At Present R/o 691 Aa, Krishi Nagar, Kalabad Ki Dhani, Govindpura Road, Toll Tax, Sanganer, District Jaipur 2. Kanya Devi W/o Shri Ramkishan Gurjar, Aged About 62 Years, R/o Village Alipur Chaan, Tehsil And District Tonk, At Present R/o 691 Aa, Krishi Nagar, Kalabad Ki Dhani, Govindpura Road, Toll Tax, Sanganer, District Jaipur 3. Umesh Singh Gurjar S/o Shri Ramkishan Gurjar, R/o 691 Aa, Krishi Nagar, Kalabad Ki Dhani, Govindpura Road, Toll Tax, Sanganer, District Jaipur ----Respondents For Petitioner(s) : Mr. Ramprasad Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. Akshay Yadav HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/05/2025 The instant writ petition has been filed on behalf of the petitioner/appellant assailing the order dated dated 05.02.2024 passed by Learned District Magistrate and District Collector, Jaipur in Case No.05/2024 (Senior Citizen Appeal), whereby the learned District Magistrate dismissed the appeal filed by the petitioner/appellant on the ground of maintainability. [2025:RJ-JP:19960] (2 of 3) [CW-2460/2024] The petitioner/appellant preferred the aforesaid appeal against the order dated 09.09.2022 passed by learned Sub Divisional Officer, Jaipur Second (Sanganer) in case No.18/2022, whereby the application under Section 5(1)(A) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 filed by the respondents-non appellants has been allowed and petitioner/non-applicant has been evicted from the subject property i.e., Plot No.691AA Krishi Nagar, Kalabar Ki Dhani, Govindpura Road Toll Tax, Sanganer and possession thereof has been directed to be given to applicants/respondents. The appeal preferred by the petitioner/appellant 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 05.02.2024 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 afresh filed by the [2025:RJ-JP:19960] (3 of 3) [CW-2460/2024] petitioner/appellant 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 21.05.2025. Till final disposal of the appeal by District Collector, Jaipur, the interim order dated 27.03.2024 passed by this Court, restraining from taking coercive action from dispossessing petitioner from the subject property where she is living in, 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 /733