[2026:RJ-JP:17086] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6598/2026 1. Seema Sharma W/o Late Shri Jitendra Kumar Sharma, Aged About 44 Years, R/o House No Aa-1 A Guru Colony Vistar, Goner Road Kho Nagoriyan, Jaipur. 2. Akshay S/o Late Shri Jitendra Kumar Sharma, Aged About 19 Years, R/o Hosue No Aa-1 A Guru Colony Vistar, Goner Road, Kho Nagoriyan, Jaipur ----Petitioners Versus 1. Chandrakanta Sharma W/o Late Shri Hanuman Sahay Sharma, Aged About 70 Years, R/o House No.14 A Guru Colony, Goner Road, Kho Nagoriyan, Jaipur 2. Anil Sharma S/o Late Shri Hanuman Sahay Sharma, R/o House No.14 A Guru Colony, Goner Road, Kho Nagoriyan, Jaipur. ----Respondents For Petitioner(s) : Mr. Om Prakash Pareek For Respondent(s) : Mr. V. D. Gathala, AGC Mr. Krishan Kumar Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 22/04/2026 Learned counsel for petitioners has relied upon judgment passed by the Co-ordinate Bench of this Court in SBCWP No. 11941/2021 titled Maya Devi v. Vishweshwar Dayal & Anr. The present petition has been filed being aggrieved by the order dated 12.03.2026 passed by the Sub Divisional Officer, Jaipur- North, Jaipur and the subsequent order dated 27.03.2026 passed by the learned Appellate Tribunal, comprised of the District Collector and District Magistrate, Jaipur, whereby it was held that the appeal preferred by the petitioners-appellant under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is not maintainable as the same has been filed by the daughter-in-law and the legal heirs of the affected party. [2026:RJ-JP:17086] (2 of 2) [CW-6598/2026] Having heard the submissions advanced by learned counsel for the parties, considering the ratio laid down by the Co-ordinate Bench of this Court in Maya Devi (supra), taking note of the fact that the said position of law has also be maintained and upheld by the Division Bench of this Court in DBSAW No. 471/2023 titled as Kamaljeet Singh Vs. Ummed Singh Poonia & Anr., whereby it has been categorically held that the appeal, even if the same is preferred by the legal heirs of the affected party, is maintainable before the learned Appellate Tribunal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, this Court deems it appropriate to quash and set aside the impugned order dated 27.03.2026. Accordingly, the order dated 27.03.2026 passed by the learned Appellate Tribunal is hereby quashed and set aside and this Court remands the matter back to the learned Appellate Tribunal to adjudicate the issue involved in the matter at hand afresh, as expeditiously as possible, strictly in accordance with law. In the prevailing peculiar facts of the case, this Court directs that appropriate endeavors, at the end of the parties be taken, for adjudication of the matter as per the directions of this Court, forthwith. Accordingly, the present petition stands disposed of. Pending application(s), if any, shall also stand(s) disposed. (SAMEER JAIN),J Pooja /118