TARUN THAKUR AND ANOTHER v. THE STATE OF HP AND OTHERS
CWP/6578/2026 · 2026-07-06
Jyotsna Rewal Dua
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14299 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14299 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.6578 of 2026
Decided on: 06.07. 2026 ------------------------------------------------------------------------------------- Tarun Thakur and Anr.
…..Petitioners
Versus State of HP and Ors
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. R.L.Chaudhary, Advocate.
For the Respondents: Mr. Sikandar Bhushan, Deputy Advocate General for respondents No. 1 and 2.
Mr. Ajay Sharma, Sr. Advocate with Mr. Tarun Brakta, Advocate, for respondent No.3.
------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Challenge in this petition is to an order dated 06.04.2026, passed by the Sub Divisional Magistrate Sujanpur, District Haimrpur, H.P. in an application moved by respondent No.3 under the provisions of Maintenance and Welfare of Parents and Senior Citizens, 2007 (the Act in short).
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
2.
It is an admitted position by the learned counsel for the parties and is also confirmed by learned Deputy Advocate General that the aforesaid Act i.e. Maintenance and Welfare of Parents and Senior Citizens, 2007 has not been enforced in the State of Himachal Pradesh.
3.
In that view of the matter, the impugned order dated 06.04.2026 has been passed by respondent No.2 exercising jurisdiction, which is not vested in him, as the Act in question has not been enforced in the State of H.P. Accordingly, the impugned order is set aside. By abundant caution, it is clarified that it shall be open to respondent No.3 to seek appropriate remedy for the redressal of his grievances against the petitioner, in accordance with law. The writ petition to stand disposed of accordingly.
Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua 6th July, 2026
Judge R.Atal