GURPREET KAUR AND OTHERS vs APPELLATE TRIBUNAL CUM DISTT. MAGISTRATE, SANGRUR AND OTHERS Advocate - A.G. PUNJAB — CWP/42/2024

Case under Constitution of India Section 1. Disposed: --DISPOSED OF on 11th May 2026.

Case disposed Next hearing 08-Jan-2024

CNR: PHHC011680592023

Filing Number

CWP/68002/2023

Filing Date

22-Dec-2023

Registration No

CWP/42/2024

Registration Date

04-Jan-2024

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

11-May-2026

Nature of Disposal

--DISPOSED OF

Last updated 01-Jun-2026

Acts & Sections

Constitution of India Section 1

Petitioner(s)

  1. 1.GURPREET KAUR AND OTHERS

    Adv. MANISH KUMAR SINGLA

  2. 2.MANPREET SINGH

  3. 3.LABH SINGH

Respondent(s)

  1. 1.APPELLATE TRIBUNAL CUM DISTT. MAGISTRATE, SANGRUR AND OTHERS Advocate - A.G. PUNJAB

  2. 2.TRIBUNAL SUB DIVISIONAL MAGISTRATE

  3. 3.NACHHATTER SINGH

  4. 4.PARMINDER KAUR

  5. 5.JASWINDER KAUR

  6. 6.HARJEET KAUR

  7. 7.SUKHWANT KAUR

Case History

  1. Case disposedDisposed

  2. 11-May-2026

    Mr. Justice Kuldeep TiwariView PDF

    Case Summary: CWP/42/2024 Court Decision: The High Court of Punjab and Haryana set aside the Appellate Tribunal's order dated 30.11.2023 as illegal, finding it violated the principle of *delegata potestas non potest delegari* (delegated power cannot be further delegated). The court remitted the matter to the Deputy Commissioner/District Magistrate-cum-Appellate Tribunal, Sangrur for fresh adjudication within four months. Key Reasoning: The State counsel conceded that District Magistrates/Presiding Officers of Appellate Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, lack statutory authority to sub-delegate their quasi-judicial functions to subordinate officers. This was further supported by official instructions issued by the Punjab government on 27.10.2025 explicitly prohibiting such sub-delegation. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 08-Jan-2024

    Other

  4. 22-Dec-2023

    Case filed

    Registration No. CWP/42/2024

casestatus.in Summary

Case Summary: CWP/42/2024 Court Decision: The High Court of Punjab and Haryana set aside the Appellate Tribunal's order dated 30.11.2023 as illegal, finding it violated the principle of *delegata potestas non potest delegari* (delegated power cannot be further delegated). The court remitted the matter to the Deputy Commissioner/District Magistrate-cum-Appellate Tribunal, Sangrur for fresh adjudication within four months. Key Reasoning: The State counsel conceded that District Magistrates/Presiding Officers of Appellate Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, lack statutory authority to sub-delegate their quasi-judicial functions to subordinate officers. This was further supported by official instructions issued by the Punjab government on 27.10.2025 explicitly prohibiting such sub-delegation. This case analysis is maintained by casestatus.in based on publicly available court records.

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