Ravinder Mohan Anand & Anr. Vs Divisional Commissioner & Ors. — Delhi HC (2025) — LawSathi Research

Ravinder Mohan Anand & Anr. Vs Divisional Commissioner & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Appellate Authority to decide the appeal filed by respondent no. 2 as expeditiously as possible and in any event within eight weeks; liberty to petitioners to file an application seeking early hearing; CM APPL.60834/2025 (Exemption) allowed subject to all just exceptions.

Issue for consideration

Whether, given the long pendency of the appeal against the eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the hardship caused to the petitioners (senior citizens) by the subsisting interim stay, the Appellate Authority should be directed to decide the appeal expeditiously within a fixed time frame.

Court's answer

Considering the hardship faced by the petitioners/senior citizens, the writ petition is disposed of with a direction to the Appellate Authority to bestow urgent attention to the appeal and decide it as expeditiously as possible, and in any event within eight weeks.

Ratio / Principle

The petitioners are at liberty to file an application seeking early hearing, and the Appellate Authority shall fix/schedule a hearing so as to adhere to the eight-week time limit.

Detailed headnote1 paragraphs

Senior citizens and retired government servants, who had obtained an order dated 28.11.2023 from the District Magistrate (South-West) directing eviction of respondent no. 2 from their self-acquired property under Section 22(3) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, approached the High Court because the appeal filed by respondent no. 2 was pending for an inordinately long period with an interim stay of the eviction directions (order dated 05.01.2024) in force, and their application for vacation of the interim order was undecided. The High Court (Sachin Datta, J.) disposed of the writ petition directing the Appellate Authority to bestow urgent attention to the appeal and decide it as expeditiously as possible, in any event within eight weeks, permitted the petitioners to seek early hearing, and directed the Appellate Authority to schedule a hearing so as to adhere to the time limit.

$~144

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 14799/2025

RAVINDER MOHAN ANAND & ANR. .....Petitioners Through: Mr. Tarranjit Singh Sawhney, Mr. Udit Gupta and Mr. Dhiraj Singh, Advs.

versus

DIVISIONAL COMMISSIONER & ORS. .....Respondents Through: Mr. Raghavendra Upadhyay, Panel Counsel, Ms. Purnima Jain and Mr. Madhur, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 23.09.2025

CM APPL.60834/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 14799/2025

The present petition has been filed by the petitioners, who are senior citizens and retired government servants.

It is pointed out that the petitioners had filed an application dated 30.05.2023 before the District Magistrate (South-West), Kapashera, under Section 22(3) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which resulted in an order dated 28.11.2023, passed by the District Magistrate, District (South-West), whereby the respondent no. 2 was directed to be evicted from the property in question.

However, in appellate proceedings, initiated by the respondent no. 2,

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2025 at 11:52:40

the said directions were stayed vide order dated 05.01.2024.

It is pointed out that the aforesaid appeal has been pending for inordinate long period, and grave prejudice is being caused on account of subsistence of the interim order/s therein.

It is pointed out that the property is a self-acquired property of the petitioner no.1 and he has the right to get the respondent no.2 evicted therefrom.

It is submitted that the petitioners have already moved an application before the appellate authority for vacation of the interim order, however, the same has not been decided.

In the circumstances, considering the hardship being faced by the petitioners / senior citizens, the present petition is disposed of with a direction to the Appellate Authority to bestow urgent attention to the appeal filed by the petitioner and decide the same as expeditiously as possible, and in any event within a period of eight weeks from today.

The petitioners would be at liberty to file an application seeking early hearing in the light of the aforesaid directions.

The Appellate Authority shall fix / schedule a hearing so as to adhere to the time limit set out hereinabove.

The petition is disposed of in the above terms.

SACHIN DATTA, J

SEPTEMBER 23, 2025/ cl

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2025 at 11:52:40