HC quashes eviction order by Gurugram District Magistrate

The Punjab and Haryana High Court has set aside an order passed by the District Magistrate, Gurugram, under the Haryana Maintenance of Parents and Senior Citizens Rules, 2009, and directed him to transfer the original application to the Sub-Divisional Magistrate-cum-Maintenance Tribunal, who shall on receipt thereof, make a fresh decision in compliance with the provisions of the rules of 2009 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner had filed a writ petition, seeking the quashing of the order dated March 30, 2022, whereby the District Magistrate directed the petitioner and her husband to vacate the house. The principal contention by the counsel for the petitioner was that the District Magistrate erred in entertaining the application. The counsel argued that the 2009 rules and the Act conferred upon him the jurisdiction of the appellate tribunal/authority, and,

in fact, the application ought to have been filed before the SDM-cum-Maintenance Tribunal. Consequently, the impugned order warrants interference on this ground alone.

After hearing the arguments, Justice Kuldeep Tiwari said although the counsel advanced arguments on merits, the court, at this stage, was not dealing with the merits of the matter, as the principal submission of the petitioner carried substance.

The court said that the state counsel and the counsel for respondent no. 2 were also ad idem that the person ought to have filed the application before the SDM-cum-Maintenance Tribunal.

In view of the above, the order was set aside and the District Magistrate was directed to, on receipt of a certified copy of the order, forthwith transfer the original application to the SDM-cum-Maintenance Tribunal, who shall on receipt thereof, make a fresh decision, but only after due compliance with the provisions of the rules and the Act, including the grant of a fair opportunity of hearing to all parties concerned. The parties have been directed to appear before the Maintenance Tribunal on November 26.