The court dismissed a writ petition praying for speedy disposal of a maintenance application and interim relief, citing pending civil suit allegations and the authority's discretion to assess facts.
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.
HIGH COURT OF JUDICATURE FOR RAJ,ASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 16170/2018
Ram Kishore Jat S/o Late Shri Kalyan, Aged About 71 Years, Caste - Jat, R/o House N0.b-1, Krishi Nagar, Toll Tax, Bambala, Sanganer, Jaipur
Smt. Kamala W/o Shri Ram Kishore Jat, Aged About 69 Years, Caste - Jat, R/o House N0.b-1, Krishi Nagar, Toll Tax, Bambala, Sanganer, Jaipur
-r c ...
. % ) # y iq = ----Petitioners
:"% -
q j~-Bs -
"" "x, Versus
kmu
''h -'~ . ## .j
Statiq .@fP".Rajasthan, Through Additional CWef Secretary,
9F
** S&dal Justice And Empowerment -,#$
:@,al;pu ."V: r
n:
Sub Divisional Magistrate,..cum Presiding Officer, Tribunal,
m.
The aintenan~~j@&w; Of Parents And Senior
Citizens Act, J.w., ~~a&u~~&&ta~~~~ .. . . ,*l:: ,
at, Aged About 36 , Krishi Nagar, Toll
ed About 39 Years, ishi Nagar, Toll Tax,
ged About 33 Years, ishi Nagar, Toll Tax, Jat, Aged About 41 Years, Caste - at-ro".ocls;e$~$b-l, -4 **_a_* C: %-S g ..+ % a Krishi Nagar, Tc'I * 4 4 . .r ,,$, a Tax, Bambala, Sanganer, Japur
----Respondents
For Petitioner(s) : Mr. Ajay Kumar lain For Respondent(s)
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
24/08/2018
The petitioner by way of this writ petition has prayed as
under: -
'The Petitioner humbly prays that your lordship may graciously be pleased allow this petition and by as appropriate writ or order, Respondent no.2 may kindly be directed to dispose the petition at the earliest and further Respondent n0.3 to 6 may also be directed that final decision of the application, they should provide interim relief Rs.50,000/- per month to ents/Petitioners and should enter in ' ,i d I t' ther order which thf&?&n'ble Court ust and proper in the facts an ;;@lr6umstances resent case may please be pass
Learned counsel eliance on the provisio~s contained under Se I - ,.-, . _ enance *' and Welfare of Parents and Senior gmit that the Tribunal is required to dispose ithin a period of 90 days and therefore pra directions be issued to the SDO to decide the eriod of two months or at the earliest.
Having he after looking into tl;e record as well as the the petitioner, it is -. noticed that a reply h$2xr~ge&@ledtby"~h:e respondents wherein they have mentioned of pendency of a suit before the Court of Additional Civil Judge No.26, Jaipur Metro for declaration, partition and permanent injunction which is pending. It is also noticed that . , the petitioner in his application before the Collector has levelled allegations against the SDO who is said to be hearing the case of the petitioner.
Thus, in these circumstances, I do not find it a care where directions are required to be given for the disposal of the
application and it should be left for the authorities to arrive at the facts and also the effect of the civil case to arrive at a just decision.
Accordingly, the writ petition is dismissed.
(SANJEEV PRAKASH SHARMA),]
Anand 73
1 provisions across 1 enactments
Ram Kishore Jat
Smt. Kamala
Rajasthan, Through Additional Chief Secretary, Social Justice And Empowerment
Sub Divisional Magistrate
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
