JASPAL KAUR vs ADDITIONAL DISTRICT MAGISTRATE AND OTHERS Advocate - ADVOCATE GENERAL PUNJAB — CWP/18355/2023

Case under Constitution of India Section 1. Disposed: --DISPOSED OF on 13th May 2026.

Case disposed Next hearing 22-Aug-2023

CNR: PHHC011018502023

Filing Number

CWP/40943/2023

Filing Date

09-Aug-2023

Registration No

CWP/18355/2023

Registration Date

21-Aug-2023

Judge

Mr. Justice Kuldeep Tiwari

Coram

Mr. Justice Kuldeep Tiwari

Bench Type

Single

Category

63.72 - MAINTENANCE AND WELFARE OF PARENTS/SENIOR CITIZENS ( 764 )

Sub-Category

( 944 )

Judicial Branch

WRITS -I BRANCH

Decision Date

13-May-2026

Nature of Disposal

--DISPOSED OF

Last updated 01-Jun-2026

Acts & Sections

Constitution of India Section 1

Petitioner(s)

  1. 1.JASPAL KAUR

    Adv. Ritesh Aggarwal

Respondent(s)

  1. 1.ADDITIONAL DISTRICT MAGISTRATE AND OTHERS Advocate - ADVOCATE GENERAL PUNJAB

  2. 2.NARENDER PAL SINGH

  3. 3.BALWINDER KAUR

Case History

  1. Case disposedDisposed

  2. 13-May-2026

    Mr. Justice Kuldeep TiwariView PDF

    Summary of CWP-18355-2023 The High Court of Punjab and Haryana set aside an order passed by the Additional Deputy Commissioner on 11.04.2023, which had adjourned a senior citizen's application for eviction of her son and daughter-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court found the order vitiated by jurisdictional error because: (1) under the Act's statutory framework, eviction applications must be adjudicated exclusively by the Maintenance Tribunal in the first instance, not by Appellate Tribunals; and (2) the Additional Deputy Magistrate lacked statutory authority to pass quasi-judicial orders, as District Magistrates cannot sub-delegate their functions to subordinate officers. The matter was remitted to the proper Maintenance Tribunal for fresh adjudication within four months, with parties directed to appear on 12.06.2026. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 22-Aug-2023

    Other

  4. 09-Aug-2023

    Case filed

    Registration No. CWP/18355/2023

casestatus.in Summary

Summary of CWP-18355-2023 The High Court of Punjab and Haryana set aside an order passed by the Additional Deputy Commissioner on 11.04.2023, which had adjourned a senior citizen's application for eviction of her son and daughter-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court found the order vitiated by jurisdictional error because: (1) under the Act's statutory framework, eviction applications must be adjudicated exclusively by the Maintenance Tribunal in the first instance, not by Appellate Tribunals; and (2) the Additional Deputy Magistrate lacked statutory authority to pass quasi-judicial orders, as District Magistrates cannot sub-delegate their functions to subordinate officers. The matter was remitted to the proper Maintenance Tribunal for fresh adjudication within four months, with parties directed to appear on 12.06.2026. This case analysis is maintained by casestatus.in based on publicly available court records.

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