CWP-222-20 IN THE HIGH COURT OF PUNJAB AND HARYANA (204) Sewak Singh Additional Deputy Commissioner Collector, Rupnagar CORAM: Present: KULDEEP TIWARI 1. the Constitution of India, a prayer is made for quashing of the order dated 30.08.2018 (Annexure P under the Maintenance and Welfare of Parents (hereinafter to be referred as ‘the Act of 2007’) application filed by the petitioner respondent No.2 declined. 2. eviction, before the learned Tribunal concerned, are that the petitioner allowed the respondent No.2, to use first floor of the house, in question. 2019 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Singh (since deceased) through his LR Versus Additional Deputy Commissioner-cum- Collector, Rupnagar and another HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Vijay Lath, Advocate for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. Mr. Saurabh Bahmani, Advocate for respondent No.2. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for quashing of the order dated 30.08.2018 (Annexure P-6), passed by the leaned Maintenance Tribunal, Maintenance and Welfare of Parents (hereinafter to be referred as ‘the Act of 2007’) application filed by the petitioner (since deceased) respondent No.2-Mandeep Singh (son of the Through the instant petition, the ground eviction, before the learned Tribunal concerned, are that the petitioner allowed the respondent No.2, to use first floor of the house, in question. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-222-2019 (O&M) Date of Decision : 24.09.2025 (since deceased) through his LR …Petitioner Versus ...Respondents KULDEEP TIWARI Mr. Sahil R. Bakshi, AAG, Punjab. Mr. Saurabh Bahmani, Advocate Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for quashing of the order dated 6), passed by the leaned Maintenance Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’), wherethrough, the (since deceased), seeking eviction of (son of the deceased petitioner), was the grounds, which are taken for eviction, before the learned Tribunal concerned, are that the petitioner allowed the respondent No.2, to use first floor of the house, in question. Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for quashing of the order dated 6), passed by the leaned Maintenance Tribunal, and Senior Citizens Act, 2007 , wherethrough, the eviction of petitioner), was taken for eviction, before the learned Tribunal concerned, are that the petitioner allowed the respondent No.2, to use first floor of the house, in question. MANPREET SINGH 2025.09.29 09:28 I attest to the accuracy and authenticity of this order/judgment CWP-222-20 However, he misused the said concession, and harassment and hindrance in day 3. during the pendency of the instant writ petition, u the petitioner, senior citizen has occurred on 14.04.2025, and application CM petitioner was moved, which was allowed by Coordinate Bench of this Court, by drawing an order dated 08.07.2025. 4. question, is bequeathed to Narinder Kaur, who is now petitioner Court. In addition, h she is also facing the similar kind of treatment from his son respondent No.2. 5. Kaur, who is now the LR of the deceased petitioner party to the latter has not examined the submissions deceased/petitioner, who is also a senior citizen, can file an independent application before the learned Maintenance Tribunal, which are now sought through the instant writ petition. 6. the instant case, the deceased/petitioner, redressal of her grievance, at the first instance. 7. 2019 (O&M) he misused the said concession, and harassment and hindrance in day-to-day life of the senior citizen Learned counsel for the petitioner has apprised this Court, that during the pendency of the instant writ petition, u the petitioner, senior citizen has occurred on 14.04.2025, and application CM-9429-CWP-2025, for impleding his wife, as LR of the petitioner was moved, which was allowed by Coordinate Bench of this Court, g an order dated 08.07.2025. He further submits that by virtue of the Will, the house in question, is bequeathed to Narinder Kaur, who is now petitioner In addition, he submits that the situation also facing the similar kind of treatment from his son respondent No.2. This Court has perused the entire record Kaur, who is now the LR of the deceased petitioner party to the lis, before the learned Maintenance Tribunal concerned, and the latter has not examined the submissions qua deceased/petitioner, who is also a senior citizen, can file an independent application before the learned Maintenance Tribunal, which are now sought through the instant writ petition. In view of the above, considering the peculiar circumstances of the instant case, Narinder Kaur, who is also a senior citizen, as well as, the deceased/petitioner, is relegated to the learned Maintenance Tribunal, for redressal of her grievance, at the first instance. Consequently, the instant writ petition is 2 he misused the said concession, and thereafter, has started causing day life of the senior citizen. Learned counsel for the petitioner has apprised this Court, that during the pendency of the instant writ petition, unfortunate, the demise of the petitioner, senior citizen has occurred on 14.04.2025, and thereafter, the 2025, for impleding his wife, as LR of the petitioner was moved, which was allowed by Coordinate Bench of this Court, He further submits that by virtue of the Will, the house in question, is bequeathed to Narinder Kaur, who is now petitioner, before this e submits that the situation qua her is also the same, as also facing the similar kind of treatment from his son-Mandeep Singh, This Court has perused the entire record, and finds that Narinder Kaur, who is now the LR of the deceased petitioner-Sewak Singh, was not a e the learned Maintenance Tribunal concerned, and the qua her, therefore, the LR of the deceased/petitioner, who is also a senior citizen, can file an independent application before the learned Maintenance Tribunal, raising all such pleas, which are now sought through the instant writ petition. In view of the above, considering the peculiar circumstances of Narinder Kaur, who is also a senior citizen, as well as, LR of is relegated to the learned Maintenance Tribunal, for redressal of her grievance, at the first instance. Consequently, the instant writ petition is disposed of. thereafter, has started causing Learned counsel for the petitioner has apprised this Court, that nfortunate, the demise of thereafter, the 2025, for impleding his wife, as LR of the petitioner was moved, which was allowed by Coordinate Bench of this Court, He further submits that by virtue of the Will, the house in before this the same, as Mandeep Singh, , and finds that Narinder Sewak Singh, was not a e the learned Maintenance Tribunal concerned, and the her, therefore, the LR of the deceased/petitioner, who is also a senior citizen, can file an independent raising all such pleas, In view of the above, considering the peculiar circumstances of LR of is relegated to the learned Maintenance Tribunal, for MANPREET SINGH 2025.09.29 09:28 I attest to the accuracy and authenticity of this order/judgment CWP-222-20 8. prefers apt motion, of four weeks, from the date of receipt of certified copy of this order, the latter shall make all endeavours to decide the same, after affording due and effective opportunity of hearing to the parti thereafter. 9. September 24 Manpreet 2019 (O&M) Needless to say, that in case, prefers apt motion, before the learned Maintenance Tribunal, within a period of four weeks, from the date of receipt of certified copy of this order, the latter shall make all endeavours to decide the same, after affording due and effective opportunity of hearing to the parties Pending applications, if any, stands disposed of accordingly. 24, 2025 Whether speaking/reasoned Whether reportable 3 case, LR of the deceased/petitioner, before the learned Maintenance Tribunal, within a period of four weeks, from the date of receipt of certified copy of this order, the latter shall make all endeavours to decide the same, after affording due and es, within a period of four months, Pending applications, if any, stands disposed of accordingly. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No LR of the deceased/petitioner, before the learned Maintenance Tribunal, within a period of four weeks, from the date of receipt of certified copy of this order, the latter shall make all endeavours to decide the same, after affording due and , within a period of four months, MANPREET SINGH 2025.09.29 09:28 I attest to the accuracy and authenticity of this order/judgment