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2026 DAILYLAW 33554 (CHH)

SMT. SHASHIKALA JAISWAL v. SMT. PRITI JAISWAL

WPC/4371/2026 · 2026-08-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010315802026 2026:CGHC:37750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4371 of 2026 1 - Smt. Shashikala Jaiswal W/o Late Shri Vijay Kumar Jaiswal, Aged About 70 Years Working As House Wife, R/o H. No. 63, Jaiswal Villa In Front Of Dr. Banshilal Mehto House Korba, Tehsil And District Korba, Chhattisgarh. ... Petitioner versus 1 - Smt. Priti Jaiswal W/o Shri Ashish Jaiswal, Aged About 36 Years Working As House Wife R/o H. No. 63, Jaiswal Villa, In Front Of Dr. Banshilal Mehto Korba, Tehsil And District Korba, Chhattisgarh. 2 - The Collector/ District Magistrate, Korba, District Korba (C.G.) 3 - The Sub Divisional Officer, Revenue, Senior Citizen Tribunal, Korba, Dist. Korba (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Sunil Verma, Advocate. For State : Dr. Arham Siddiqui, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/08/2026 1. The petitioner has filed the instant petition for following reliefs:- RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.25 16:02:24 +0530 2 “10.1 Call for the entire records pertaining to the case of the petitioner from the respondent no. 2 & 3. 10.2 Issue and an appropriate writ/order/direction quash and set aside the impugned order dated 19.03.2026 (Annexure P/1) passed by respondent No.3. 10.3 Issue an appropriate writ/order/direction commanding the respondents to evict the Resp. No. 1 from the house of petitioner within a stipulated period of time and to ensure vacant possession in favor of the petitioner which is presently occupied by the Resp. No. 1. 10.4 Award costs of the petition in favour of the petitioner. 10.5 Grant any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the appeal filed under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is pending consideration before the concerned Maintenance Appellate Tribunal, i.e., the Collector/District Magistrate, Korba (C.G.), since 27.04.2026. It is, therefore, prayed that a direction may kindly be issued to the concerned Maintenance Appellate Tribunal to decide the said appeal expeditiously, in accordance with law. 3. Learned counsel for the State submits that there is no order sheet available on record to indicate that the appeal has been filed before the concerned Maintenance Appellate Tribunal. However, if the appeal has in fact been filed and is pending consideration, the same shall be decided expeditiously, within a stipulated period, in 3 accordance with law, keeping in view that the matter pertains to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 4. Having heard learned counsel for the parties and upon perusal of the record, including the appeal memo, which was filed by the petitioner on 27.04.2026, this Court finds that the appeal is pending consideration before the concerned Appellate Maintenance Tribunal. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a beneficial legislation enacted with the object of ensuring the welfare and protection of senior citizens, and the statutory scheme contemplates expeditious consideration of matters arising thereunder so that senior citizens are not subjected to unnecessary hardship or delay. Considering the nature and object of the legislation, this Court is of the considered view that the appeal filed by the petitioner under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, deserves to be decided expeditiously. Accordingly, the concerned Appellate Maintenance Tribunal is directed to consider and decide the aforesaid appeal, in accordance with law, preferably within a period of 30 days from the date of receipt of a copy of this order. 5. While doing so, the concerned Appellate Maintenance Tribunal shall bear in mind the beneficial and welfare-oriented object of the enactment and shall treat the matter as one requiring expeditious 4 consideration, so that the petitioner, being a senior citizen, is not subjected to any further hardship on account of delay. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju