Vidya Jang v. State of NCT of Delhi & Ors.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P. (C) 9503/2022 & C.M. APPL. 28362/2022

3. Present writ petition has been preferred on behalf of the Petitioner seeking the following reliefs: “a) Set Aside the Impugned Order Dated 23-03-2022 passed by the Respondent No.2 in PA/Appeal No. 457/2022 under The Maintenance and Welfare of Senior Citizens Act 2007 titled as “Mr. Ramendra Shamsher Jang & Ors. vs. Mrs. Vidya Jang” b) And in the alternative directing the Respondent No.2 to decide the pending PA/Appeal No. 457/2022 under The Maintenance and Welfare of Senior Citizens Act 2007 titled as “Mr. Ramendra Shamsher Jang & Ors. vs. Mrs. Vidya Jang” as expeditiously as possible.” 2022:DHC:2328

4. Petitioner herein is stated to be the absolute owner of the property bearing No.24, Navjivan Vihar, Malviya Nagar, New Delhi-110017 (hereinafter referred to as the “subject property”), wherein she has been residing since 1979. Petitioner’s husband acquired lease-hold rights in the subject property from the President of India in the year 1975. He died on 15.03.2002 and thereafter, her two sons relinquished their shares in the name of the Petitioner and the property was mutated in her name.

5. It is the case of the Petitioner that her elder son/Respondent No. 4 herein, while living with her in the subject property and taking advantage of the age and ill health of the Petitioner, entered into deals with a property developer, compelling the Petitioner to sell the property and has also taken money from her on the pretext of repaying certain loans against the construction of the house. Respondent No. 4 is now ill-treating the Petitioner and has confined her to one room in the house. Unable to bear the sufferings and harassment, Petitioner filed a complaint after Respondent No. 4 and his family refused to vacate her house.

6. Learned counsel appearing on behalf of the Petitioner submits that the complaint was filed way back on 08.10.2020 in the office of Respondent No. 3, only to be informed later that no such complaint was received in the said office. Petitioner again filed a complaint on 24.12.2020 but no order was passed by Respondent No. 3 despite hearing arguments on 24.08.2021. Left with no option, Petitioner filed a writ petition being W.P.(C) 14553/2021 in this Court and the Court vide order dated 17.12.2021, directed the learned Magistrate to decide the complaint within four weeks. When the directions were not complied with, a contempt petition was filed and pursuant to the order dated 09.02.2022, the learned District Magistrate passed an order on 17.02.2022, directing Respondent No. 4 to vacate the entire subject property.

7. It is further submitted that Respondent No. 4 has filed an appeal against the said order under Rule 22(3)(4) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and vide order dated 23.03.2022, Respondent No. 2 has stayed the order of vacation.

8. It is the contention of the Petitioner that the Petitioner is a senior citizen and is 90 years old. The stay order is causing grave prejudice to her at this age with various health issues. Petitioner is the owner of the subject property and at this fag end of her life she wishes to stay peacefully in her own house. The appeal is now fixed for 06.07.2022 and any further adjournment in the matter would seriously work to her detriment. It is, therefore, prayed that a direction be issued to Respondent No. 2 to decide the pending appeal finally on the next date of hearing. It is also submitted that reply to the appeal was not accepted by the office of Respondent No. 2 and the Petitioner was directed to file the same on the next date of hearing albeit objections to the stay order have been accepted.

9. Having heard the learned counsel for the Petitioner and considering that the Petitioner is 90 years of age with attendant health issues and the mental agony and suffering that she is undergoing, this Court deems it appropriate to give a direction to Respondent No. 2 to decide the pending appeal being PA/Appeal No. 457/2022, on the next date of hearing, i.e. 06.07.2022. If for any unavoidable exceptional circumstance an adjournment has to be granted, the matter shall be adjourned to a very short date and heard on the said date.

10. Petitioner is permitted to tender the reply to the appeal before the next date of hearing and the same shall be accepted by the office of Respondent No. 2. Copy of the reply shall be furnished to Respondent No. 4 before the same is filed.

11. Mr. Narula, learned counsel for the Petitioner assures the Court that a copy of this order will be served on Respondent No. 4 within a period of one week from today.

12. Writ Petition is disposed of in view of the aforesaid terms. Pending application also stands disposed of.

JYOTI SINGH, J (VACATION JUDGE) JUNE 13, 2022