In Writ Petition No. 14035 of 2023, the Madhya Pradesh High Court dismissed the petition challenging an eviction order dated 30.05.2023 issued under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court held that the ground of lack of jurisdiction is without substance based on settled law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 4th OF JULY, 2023
WRIT PETITION No. 14035 of 2023
BETWEEN:-
1. SHRI SIRISH TIWARI S/O SHRI NEEL KANTH TIWARI, AGED ABOUT 40 YEARS, OCCUPATION: PRIVATE WORK R/O VILLAGE SILUA, NEAR GOUR RIVER, DISTRICT-JABALPUR (MADHYA PRADESH)
2. SHRI GIRISH TIWARI S/O SHRI NEEL KANTH TIWARI, AGED ABOUT 35 YEARS, OCCUPATION: PRIVATE WORK RESIDENT OF VILLAGE SILUA NEAR GOUR RIVER DISTRICT (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AKSHAY JHA - ADVOCATE)
AND
NEELKANTH TIWARI S/O LATE SHRI BHAIYALAL TIWARI OCCUPATION: NOT MENTION R/O.SILUA, NEAR GOUR NADI TAHSIL, JABALPUR (MADHYA PRADESH)
.....RESPONDENT
(NONE)
This petition coming on for admission this day, the court passed the following:
ORDER
By the instant petition filed under Article 226 of the Constitution of India, the petitioners are questioning the validity of order dated 30.05.2023 (Annexure P/2) whereby the Presiding Officer cum Sub Divisional Officer has passed an order of eviction of petitioner on an application submitted by the respondent under Section 5 read with Section 12 of the Maintenance and Welfare of
Signature Not Verified Signed by: SATYA SAI RAO Signing time: 7/22/2023 1:13:14 PM
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Parents and Senior Citizens Act, 2007 (in short the 'Act of 2007') directing therein that the house situated over Khasra No.515 of Mouza Silua, Patwari Halka Silua, area measuring 0.1200 hectares shall be vacated by the petitioners within a period of 15 days otherwise they shall be punished as per sub-section (8) of Section 5 of the Act of 2007.
Counsel for the petitioners submits that petitioners have assailed the order solely on the ground under the provisions of the Act of 2007, order of eviction cannot be passed by the authority and, therefore, the order of eviction is without jurisdiction. In support of his contention, he has relied upon a judgment passed by the Rajasthan High Court in case of Vinod Sharma Vs. Shanti Devi and others passed in Civil Writ Petition No.1936/2022 on 21.02.2022.
However, I am not convinced with the submission made by counsel for the petitioners for the reason that this issue has already been dealt with not only by the High Court but also by the Supreme Court holding that the order of eviction can be passed by the authority exercising power provided under the provisions of the Act of 2007. This aspect has been considered by the Supreme Court in a case reported in AIR Online 2020 SC 897 [Smt. S. Vanitha Vs. Dy. Commissioner, Bengaluru Urban District & others] and also by the High Court in case of Smt. Amrita Bhatia and others Vs. Baljeet Singh Bhatia and others passed in M.P. No. 5217/2019 and in case of Vinay Kumar Saraswar Vs. State of M.P. and others passed in W.P. No.2293/2021 and, therefore, the ground raised by the petitioners challenging the order dated 30.05.2023 (Annexure P/2) passed by the Presiding Officer cum Sub Divisional Officer under the provisions of the Act of 2007 is without any
Signature Not Verified Signed by: SATYA SAI RAO Signing time: 7/22/2023 1:13:14 PM
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substance.
The petition being sans merit, is hereby dismissed.
(SANJAY DWIVEDI) JUDGE
rao
Signature Not Verified Signed by: SATYA SAI RAO Signing time: 7/22/2023 1:13:14 PM
3 issues framed by the court
Whether the order of eviction passed under Section 5 and Section 12 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is without jurisdiction.
Whether the High Court can dismiss the writ petition challenging the eviction order on grounds already settled by the Supreme Court and High Courts.
Whether the eviction order challenging the maintenance order of the Act of 2007 under Article 226 of the Constitution of India.
Colour shows how this judgement treated each authority
Smt. S. Vanitha Vs. Dy. Commissioner, Bengaluru Urban District & othersReferred¶22
AIR Online 2020 SC 897 [Smt. S. Vanitha Vs. Dy. Commissioner, Bengaluru Urban District & others] · Who else cites this
Smt. Amrita Bhatia and others Vs. Baljeet Singh Bhatia and othersReferred¶22
Smt. Amrita Bhatia and others Vs. Baljeet Singh Bhatia and others passed in M.P. No. 5217/2019
Vinay Kumar Saraswar Vs. State of M.P. and othersReferred¶22
Vinay Kumar Saraswar Vs. State of M.P. and others passed in W.P. No.2293/2021
2 provisions across 2 enactments
Shri Sirish Tiwari S/o Shri Neel Kanth Tiwari
Shri Girish Tiwari S/o Shri Neel Kanth Tiwari
Neelkanth Tiwari S/o Late Shri Bhaiyalal Tiwari
Sanjay Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
