Court No. - 34
Case :- WRIT - C No. - 31264 of 2019 Petitioner :- Rajkumar Sharma Respondent :- State of U.P. and 6 others Counsel for Petitioner :- Vashishtha Narayan Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for petitioner and learned Standing Counsel for respondent nos. 1 and 2.
2. It is contended by learned counsel for petitioner that under Section 22 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Act 2007'), it is the District Magistrate, who is responsible to discharge duties for implementing provision of the Act and not Additional District Magistrate. Complaint was made to the District Magistrate but wrongly order has been passed over to Additional District Magistrate. Therefore, impugned order passed by Additional District Magistrate, Ghaziabad is without jurisdiction.
3. Learned Standing Counsel when questioned fairly stated that it is the District Magistrate, who is imposed duties by statute to implement provisions of the Act and there is no provision under said Statute to authorise District Magistrate to delegate his power to Additional District Magistrate. There is nothing in the Act, 2007 showing or suggesting that the term 'District Magistrate' shall include Additional District Magistrate also. Therefore, order passed by Additional District Magistrate impugned in this petition is without jurisdiction.
4. Accordingly, this writ petition is allowed. Order dated 15.4.2019 passed by Additional District Magistrate, Ghaziabad is set aside.
5. Matter is remanded to District Magistrate, Ghaziabad to look into grievance of petitioner and pass appropriate order in accordance with law within two months from the date of production of certified copy of this order.
Order Date :- 26.9.2019 Ram Murti