The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3398 of 2023 Shakuntala Devi, wife of Late Ram Pratap Sahu, aged about 73 years, resident of Village- Kuru, P.O. & P.S. Kuru, District- Lohardaga (Jharkhand) … Petitioner -Versus- 1. 2. 3. 4. 5. 6. 7. State of Jharkhand through the Deputy Commissioner, P.O., P.S. & District- Lohardaga Sub Divisional Officer, Lohardaga, P.O., P.S. & District- Lohardaga Superintendent of Police, Lohardaga, P.O., P.S. & District- Lohardaga Station In Charge, Kuru Police Station, Kuru, P.O. & P.S. Kuru, District- Lohardaga Circle Officer, Government of Jharkhand, Lohardaga, P.O., P.S. & District- Lohardaga Kamal Prasad, son of Late Ram Pratap Sahu, resident of Village- Kuru, P.O. & P.S. Kuru, District- Lohardaga (Jharkhand) Nandan Prasad, son of Late Ram Pratap Sahu, resident of Village- Kuru, P.O. & P.S. Kuru, District- Lohardaga (Jharkhand) … Respondents
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner For the State For Respondent Nos.6 & 7 ----- : Mr. Amritansh Vats, Advocate Mr. Kumar Abhishek, Advocate : Mr. Binit Chandra, A.C. to A.A.G.-III : Mr. P.K. Mukhopadhyay, Advocate Mr. Sheyakur Rahman, Advocate Mr. Wazid Ali, Advocate ----- 10/13.08.2024 Heard Mr. Amritansh Vats, learned counsel for the petitioner, Mr. Binit Chandra, learned counsel for the State and Mr. P.K. Mukhopadhyay, learned counsel for respondent nos. 6 and 7. 2. This writ petition has been filed for direction upon the Deputy Commissioner, Lohardaga and Sub-Divisional Officer, Lohardaga to pass an appropriate order for evicting the respondent nos. 6 and 7 from their house situated at Village- Kuru, District- Lohardaga house built over Khata No.335, Plot No.240, Mouza- Kuru, District- Lohardaga in conformity with the provisions of the Maintenance and Welfare of Parents and Senior Citizens -1- W.P. (C) No. 3398 of 2023 Act read with relevant provisions of Jharkhand State Maintenance and Welfare of Parents and Senior Citizen Rules, 2014. The further prayer is made for direction upon respondent nos. 1 and 2 to grant protection to the petitioner and restrain respondent nos. 6 and 7 from interfering in the life of the petitioner as well as property. 3. Learned counsel for the petitioner submits that the petitioner is aged about 73 years having three sons, namely, Kamal Prasad, Nawal Prasad and Nandan Prasad. He further submits that the petitioner is suffering from various ailments like high Blood Pressure, Diabetes, hearing problem etc. He then submits that the petitioner is living at her house built over Khata No.335, Plot No.240 of Mouza- Kuru having area about 8 decimals since several decades which is registered in her name and she is the sole absolute owner of the said property. He refers Annexure-1 series which are photo copies of revenue records of the property. He also submits that the petitioner was staying in her house with her two sons namely Kamal Prasad (respondent no.6) and Nandan Prasad (respondent no.7) and both are married and they are staying with their wives and children. He submits that when the petitioner became very old, by taking advantage of the same, both of her sons started misbehaving and mentally torturing her in greed of property and income earned by her through rent. Respondent nos. 6 and 7 continuously misbehaved and abused the petitioner and in view of that, the petitioner moved before the Deputy Commissioner, Lohardaga by filing a representation dated 14.11.2022. He submits that a proceeding under Section 107 Cr.P.C. was initiated by the Court of the Sub-Divisional -2- W.P. (C) No. 3398 of 2023 Magistrate, Lohardaga. He further submits that the petitioner filed a complaint dated 11.01.2023 before the Sub-Divisional Officer, Lohardaga raising her grievances to the effect that she has been thrown from her own house by her two sons and due to which she has to live with her third son, namely, Nawal Prasad. The allegations are made that the petitioner was continuously assaulted and mentally tortured by respondent nos. 6 and 7 and they want to take control over the rental income of the petitioner. He submits that the petitioner has also initiated a proceeding under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 being Case No.01 of 2023. He submits that in this background, the present writ petition has been filed. He then submits that vide order dated 22.06.2024, considering the age of the petitioner, the direction was issued to respondent nos. 6 and 7 to handover the keys of two rooms to the petitioner and further vacate the shop rooms in question and handover vacant possession of the same to the petitioner within a week. He submits that thereafter vide order dated 29.07.2024, the district administration as well as the Secretary, DLSA, Lohardaga were directed to comply the said order. He submits that under Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the power is there with the Deputy Commissioner to protect the life and property of the petitioner. He further submits that pursuant to the last order, report has been received, whereby, it has been disclosed that keys of two rooms etc. has been handed over to the petitioner, however, the respondents have trespassed in one of the shop by way of breaking wall of the shop. -3- W.P. (C) No. 3398 of 2023 4. Learned counsel for the State submits that the Deputy Commissioner can look into the matter and in view of that, this writ petition may be
Decision
disposed of. 5. Learned counsel for respondent nos. 6 and 7 submits that this writ petition is not maintainable as there is no provision for eviction and for that, the petitioner is required to move before the competent Court for such eviction order. 6. Pursuant to the earlier order, substantial compliance has been made by the district administration. Further Section 21 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 deals with the measures to be taken by the State Government for protection of life and property of senior citizens. Section 22 (1) provides that the State Government may confer such powers and impose such duties upon District Magistrate as may be necessary to ensure that the provisions of the Act, 2007 are properly carried out and the District Magistrate may specify the officer subordinate to him, who shall exercise all or any of the powers and perform all or any of the duties so conferred or imposed in the local limits within which such powers or duties shall be carried out by the officer as may be prescribed. 7. In exercise of the power conferred under Section 32(1) of the Act, 2007, the Rules, 2014 has been framed and notified by the Social Welfare, Women and Children Development Department, Government of Jharkhand. Sub-rule (1) of Rule 19 of the Jharkhand State Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 provides that the Deputy Commissioner shall exercise the powers and duties conferred under sub-rule -4- W.P. (C) No. 3398 of 2023 (2) and (3) of Rule 19 to ensure that the provisions of the Act, 2007 are appropriately executed. As per sub-rule (2) of Rule 19, the Deputy Commissioner has the duty to ensure the safety of life and property of Senior Citizens. Sub-rule 3 of Rule 19 of the Rules, 2014 empowers the Deputy Commissioner to issue directions to any concerned Government or Constitutional Agency or Body functioning in the district, as per the general guidelines of the State Government, in view of executing the duty mentioned under sub-rule (2) of Rule 19. 8. In view of the above, if the argument of learned counsel for respondent nos. 6 and 7 is accepted that there is no provision of eviction, the Deputy Commissioner under statutory obligation, has to take appropriate measures to protect life and property of Senior Citizens. Further, the petitioner has already instituted a proceeding under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 being Case No.01 of 2023. 9. In view of the aforesaid factual and legal position, this petition is disposed of directing the Deputy Commissioner, Lohardaga to look into the grievance of the petitioner and act in terms of the Act, 2007. Ajay/ A.F.R. (Sanjay Kumar Dwivedi, J.) -5- W.P. (C) No. 3398 of 2023