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2025 DAILYLAW 72667 (PNJ)

ANIL SHARMA AND OTHERS v. THE PRESIDING OFFICER AND OTHERS

CWP/18087/2024 · 2025-07-25

Harsimran Singh Sethi

body2025

Judgment text

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CWP No. 18087 of 2024 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (222) CWP No. 18087 of 2024 (O&M) Date of Decision : 25.07.2025 Anil Sharma and others ...Petitioners Versus The Presiding Officer, Maintenance-cum-Sub Divisional Magistrate, Sonipat and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Ms. Anusha Jain, Advocate with Mr. Sushil Jain, Advocate for the petitioners. Mr. Ajay Ghangas, Advocate for respondent No. 3. Mr. Vikas Gulia, Advocate for respondent No. 4. *** Harsimran Singh Sethi J. (Oral) CM-6516-CWP-2025 Present application has been filed for impleading the applicant as respondent No. 4 in the present writ petition. Notice of the application to learned counsel for the petitioners. Ms. Anusha Jain, Advocate, appears on behalf of the petitioners and raises no objection for the grant of prayer as raised in the present application. Keeping in view the averments made in the application, which are duly supported by an affidavit, present application is allowed. The applicant is allowed to be impleaded as respondent No. 4 in the present writ KANCHAN 2025.07.28 17:13 I attest to the accuracy and integrity of this order/judgment CWP No. 18087 of 2024 (O&M) 2 petition and the amended memo of parties attached with the present application is taken on record only for prosecuting the present litigation. CM stands allowed. CWP-18087-2024 1. Learned counsel for the parties agree that the property in question out of which the petitioners have been asked to be evicted, belongs to Asha Sharma as well as Neeru Sharma. 2. Learned counsel for respondent No. 3 Mohan Lal Sharma, who is claiming interest on behalf of Asha Sharma and Neeru Sharma, submits that Asha Sharma is also a senior citizen hence, liberty be given to Asha Sharma to avail remedy under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘2007 Act’) for eviction of the petitioners as per the provisions of 2007 Act by availing appropriate remedy and the present order dated 19.06.2024 (Annexure P-6) which has been impugned in the writ petition, will not be given effect to. 3. Keeping in view the fact that the respondents themselves have mentioned before this Court that senior citizen who owned the property in question intends to avail the remedy before the appropriate forum under 2007 Act, the present petition is disposed of by granting such liberty to the senior citizen, namely, Asha Sharma. 4. The orders dated 19.06.2024 (Annexure P-6) which have been impugned in the present petition, are accordingly set-aside with liberty that in case any such plea is raised by Asha Sharma who also claims to be a senior citizen against the petitioners herein for their eviction from the property in question, appropriate decision will be taken by the Tribunal as KANCHAN 2025.07.28 17:13 I attest to the accuracy and integrity of this order/judgment CWP No. 18087 of 2024 (O&M) 3 expeditiously as possible so that no prejudice in any manner is caused to the senior citizen as per 2007 Act. 5. Petition is allowed in above terms. 6. Pending miscellaneous application, if any, also stands disposed of. July 25, 2025 (HARSIMRAN SINGH SETHI) kanchan JUDGE Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2025.07.28 17:13 I attest to the accuracy and integrity of this order/judgment