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2026 DAILYLAW 16059 (RAJ)

LALCHAND KHODA S/O SH. ISHWAR LAL v. MANISH @ SONU S/O LALCHAND KHODA

CW/1639/2026 · 2026-01-29

Maneesh Sharma

body2026

Judgment text

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[2026:RJ-JP:4029] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1639/2026 Lalchand Khoda S/o Sh. Ishwar Lal, Aged About 70 Years, R/o Plot No. 17, Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal Ka Talab, Jaipur. ----Petitioner Versus 1. Manish @ Sonu S/o Lalchand Khoda, R/o Plot No. 17, Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal Ka Talab, Jaipur. 2. Smt. Poonam @ Pooran W/o Manish @ Sonu, R/o Plot No. 17, Kanwar Nagar, Harijan Basti, Krishna Nagar, Rajamal Ka Talab, Jaipur. ----Respondents For Petitioner(s) : Mr. Ram Babu Khandelwal For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 29/01/2026 1. The present writ petition has been filed with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow/accept this writ peti- tion and please to:- a) Issue an appropriate writ, order or direction directing the Appellate Tribunal-cum-Collector & District Magistrate, Jaipur to decide the pending appeal case No.22/2024 titled as Lal Chand vs. Manish @ Sonu expeditiously, preferably within one months or a fixed time frame as deemed fit by this Hon'ble Court; b) Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; c) Award costs of the writ petition in favour of the petitioner." 2. Learned counsel for the petitioner submits that against the order dated 15.09.2022 passed by the learned Sub-Divisional Officer and Sub-Divisional Magistrate, Jaipur (North), the [2026:RJ-JP:4029] (2 of 3) [CW-1639/2026] petitioner has preferred an appeal under Section 16(6) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the Act of 2007') and the said appeal is pending since 2024. He further submits that the petitioner is a senior citizen, aged about 70 years and in view of the statutory mandate under Section 16(6) of the Act of 2007, the appeal of the appellant should be heard on priority. Therefore, he prays that the learned Appellate Tribunal-cum-Collector and District Magistrate, Jaipur may be directed to decide the pending appeal No.22/2024 titled as 'Lal Chand vs. Manish @ Sonu', expeditiously, preferably within a period of month. 3. Heard and considered the submissions and perused the material on record. 4. From the record, it is evident that the petitioner herein filed an application under Sections 4, 5, 9 & 23 of the Act of 2007 on 17.12.2021 and the said application came to be partly allowed by the Sub-Divisional Officer and Sub-Divisional Magistrate, Jaipur (North) vide order dated 15.09.2022. Thereafter, the present petitioner preferred an appeal against the said order but the learned Appellate Tribunal-cum-Collector and District Magistrate, Jaipur dismissed the said appeal vide order dated 30.01.2024. 5. Being aggrieved of which, the petitioner herein preferred S.B. Civil Writ Petition No.4629/2024 which came to be allowed vide order dated 10.05.2024 and the matter was remanded back to the learned Appellate Tribunal to decide the issue afresh by a reasoned and speaking order. Pursuant to the said order the appeal was re-registered, however, even after a lapse of well over [2026:RJ-JP:4029] (3 of 3) [CW-1639/2026] one year, the appeal has not yet been decided. A bare perusal of the order sheets of the appeal (Annex-11) reveals that, on every occasion, the appeal was adjourned for one reason or another. 6. Considering the facts and circumstances of the case, particularly the mandate of law as envisaged in Section 16(6) of the Act of 2007, the Appellate Tribunal-cum-Collector and District Magistrate, Jaipur is directed to decide the pending appeal No.22/2024 titled as “Lal Chand vs. Manish @ Sonu” expeditiously, preferably within a period of two (2) months from the date of filing of certified copy of this order. 7. With the aforesaid directions, the present writ petition is disposed of. 8. Other pending application(s), if any, also stand disposed of, accordingly. (MANEESH SHARMA),J DEEPA/RAHUL-7