1 2025:CGHC:8948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 790 of 2025 1 - Hemant Shukla S/o Late Tulsi Prasad Shukla Aged About 52 Years R/o- Ward No.- 10, Opposite Hotel Ashray, Sitamani Korba, P.S. City Kotwali Korba, District- Korba (C.G.) 2 - Vidya Shukla W/o Hemant Shukla Aged About 48 Years R/o- Ward No.- 10, Opposite Hotel Ashray, Sitamani Korba, P.S. City Kotwali Korba, District- Korba (C.G.) 3 - Prarthana Shukla W/o Rajendra Prasad Shukla Aged About 40 Years R/o Ward No.- 10, Opposite Hotel Ashray, Sitamani Road Korba, Tehsil And District- Korba (C.G.) Presently Residing At Village Godhiari P.S. And Tehsil Sarangarh, District- Sarangarh-Bilaigarh (C.G.) Petitioner(s) versus 1 - Kamla Devi Shukla Wd/o Late Tulsi Prasad Shukla Aged About 65 Years R/o- Ward No.-08, House No.- 382, Opposite Hotel Ashray, Sithamani Road Tehsil And District- Korba (C.G.) 2 - Sub Divisional Level Tribunal Constituted Under 'the Maintenance And Welfare Of Parents And Senior Citizen Act 2007' Through President Sub Divisional Officer (Sdo) (Revenue) Korba Tehsil And District- Korba (C.G.) 3 - Appellate Tribunal Constituted Under 'the Maintenance And Welfare Of Parents And Senior Citizen Act 2007' Through President Collector District- Korba (C.G.) Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.22 13:32:38 +0530 2 For Petitioner(s) : Mr. S.N. Nande and Mr. Priyanshu Gupta, Advocates For Respondent(s) : None Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 20/02/2025 1. By the present writ petition, the petitioners are questioning order impugned dated 09/01/2025 passed by the Appellate Tribunal, Korba constituted under “the the Maintenance And Welfare Of Parents And Senior Citizen Act 2007”, whereby the Appellate Tribunal declined to entertain the appeal preferred against the order passed by the Sub Divisional Level Tribunal dated 07/03/2024 & amended order dated 18/07/2024. 2. Learned counsel for the petitioners submits that the petitioners are the son and daughter-in-law of respondent No. 1- Kamla Devi Shukla. They being aggrieved with the order passed by the Sub Divisional Level Tribunal, Korba, preferred an appeal under section 16 of the Maintenance & Welfare of Parents & Senior Citizen Act, 2007 (hereinafter referred to as ‘the Act, 2007’), however, the Tribunal has refused to admit the appeal stating that the provisions of Section 16 of the Act, 2007 is only meant for senior citizens/parents and the scope of the Act, 2007 can only be availed for welfare of the parents and senior citizens, as such, the appeal filed by the Petitioners/children would not be maintainable. Referring to a judgment of Division Bench of this Court passed in WA No. 188/2022, learned counsel for the petitioners would submit that the Division Bench in the said judgment has observed 3 that Section 16 of the Act, 2007 provides right to appeal to any of the affected parties, as such the Tribunal is an appropriate authority to entertain the appeal filed by the petitioners. 3. I have heard counsel for the petitioners and perused the impugned order as well as the judgment passed in Writ Appeal No. 188/2022 (Smt. Rita Roy v. Maintenance Tribunal & Sub Divisional Officer (Revenue). 4. Upon perusal of the impugned order passed by the Tribunal, it is quite vivid that the appeal preferred by the petitioners has been rejected on the ground that the parents/senior citizens can only file such appeal under the Act, 2007. 5. The Division Bench of this Court in WA No. 188/2022 has observed that Section 16 of the Act, 2007 provides right to appeal to any of the affected parties and as such the appellant was granted liberty to avail the remedy under Section 16 (1) of the Act and it was directed that in the event of such filing of appeal under Section 16 (1) of the Act, 2007, the Tribunal shall dispose of the said appeal on merits treating the same to have been filed within the period of limitation. 6. 6. In view of the above, this writ petition is disposed of leaving a liberty in favour of the petitioners to approach before the Tribunal by filing an appeal under Section 16(1) of the Act, 2007, if so advised, within a period of 30 days from today and the Tribunal is directed to dispose of the said appeal on merits treating the same to have been filed within the period of limitation. Sd/- (Bibhu Datta Guru) Judge Rahul