CWP-1219 v. State of Haryana & Ors.

Rakesh Dhiman, Advocate, Mr. Rakesh Dhiman, Advocate, for the petitioners. Bhupender Singh, Addl. A.G., Haryana. Mr. Bhupender Singh, Addl. A.G., Haryana. Mr. S.S. Mor, Advocate, for respondents No.4 and 5. **** KULDEEP TIWARI, J. (Oral) KULDEEP TIWARI 1) The instant writ petition, filed under Articles 226/227 of the instant writ petition, filed under Articles 226/227 of the Constitution of India, impugns the order dated Constitution of India, the order dated 05.07.2022 (Annexure (Annexure P-9), passed by the learned passed by the learned Appellate Tribunal District Magistrate, Appellate Tribunal-cum-District Magistrate, Jhajjar, constituted under the Maintenance and Welfare of Parents and constituted under the Maintenance and Welfare of Parents and Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) Senior Citizens Act, 2007 appeal (for short, ‘the Act’), vide which, the appeal preferred by senior citizens-respondents No.4 and 5 preferred by thereby respondents No.4 and 5 was allowed, thereby setting aside the order dated 09/19.02.2021 setting aside , .02.2021 (Annexure P-7), whereby, their application for cancellation of the release deed No.5715 dated their application for cancellation of the release deed No.5715 dated their application for cancellation of the release deed No.5715 dated their application for cancellation of the release deed No.5715 dated by the learned Maintenance Tribunal. 23.11.2015, was dismissed by the learned Maintenance Tribunal. 23.11.2015, was dismissed 2) On the last date of hearing, i.e. 06.04.2026, this Court had On the last date of hearing, i.e. 06.04.2026, this Court had On the last date of hearing, i.e. 06.04.2026, this Court had passed the following extracted order:- passed the following extracted ord “Learned counsel for respondent No.1 to 3/State, is “Learned counsel for respondent No.1 to 3/State, is “Learned counsel for respondent No.1 to 3/State, is directed to place on record the notification issued by the State of directed to place on record the notification issued by the State of directed to place on record the notification issued by the State of Haryana, with regard to constitution of Maintenance Tribunal, Haryana, with regard to constitution of Maintenance Tribunal, Haryana, with regard to constitution of Maintenance Tribunal, as well as, learned Appellate Tribunal concerned. as well as, learned Appellate Tribunal concerned.

026. List on 17.04.2026. Last and final opportunity is afforded to learned Last and final opportunity is afforded to learned Last and final opportunity is afforded to learned CWP-1219 1219-2023 (O&M) -2- counsel for respondents No.1 to 3/State, to do the needful. counsel for respondents No.1 to 3/State, to do the needful. To be shown in the urgent list. To be shown in the urgent list. Interim order to continue till the next date of Interim order to continue till the next date of Interim order to continue till the next date of hearing.” 2) In compliance, learned State counsel has produced the In compliance, learned State counsel has produced the In compliance, learned State counsel has produced the relevant notifications. While referring relevant notifications. While referring relevant notifications. While referring notification dated the notification dated

08.12.2020, prescribing the composition of the Maintenance Tribunals 08.12.2020, prescribing the composition of the Maintenance Tribunals 08.12.2020, prescribing the composition of the Maintenance Tribunals 08.12.2020, prescribing the composition of the Maintenance Tribunals and Appellate Tribunals, he fairly submits that and Appellate Tribunals, he fairly submits that the impugned orders are void being both the Maintenance Tribunal and the g coram non judice, for both the Maintenance Tribunal and the both the Maintenance Tribunal and the three members, with the Appellate Tribunal are required to comprise of three members, with the Appellate Tribunal are required to comprise Appellate Tribunal are required to comprise Divisional Magistrate and Sub-Divisional Magistrate and Divisional Magistrate and Divisional Magistrate and the Deputy Commissioner/District the Deputy Commissioner/District the Deputy Commissioner/District the Deputy Commissioner/District n the present Magistrate acting as their respective Chairman. However, in the present Magistrate acting as their respective Chairman Magistrate acting as their respective Chairman case, not only not only the order dated 09/19.02.2021 (Annexure P , was passed .02.2021 (Annexure P-7), was passed solely by the Sub Divisional Magistrate solely by the Sub Divisional has been Magistrate, but also the appeal has been the District Magistrate, Jhajjar, in his individual capacity, decided by the District Magistrate, Jhajjar, in his individual capacity, the District Magistrate, Jhajjar, in his individual capacity, decided by thereby lacking the mandatory coram. thereby lacking the mandatory coram.

08.12.2020 The relevant part of the notification dated 08.12.2020 The relevant part of the (supra), issued by , issued by Social Justice and Empowerment Haryana, extracted mpowerment Haryana, is extracted hereinafter :- hereinafter : “Notification Notification The 8th December, 2020 The 8th December, 2020 No. 1041-SW(4)-2020.— In continuation of the Haryana — In continuation of the Haryana 2016, dated 17.11.2016, Government Notification No. 1373-SW(4)-2016, dated 17.11.2016, Government Notification No. 1373 the Governor of the Haryana is pleased to reconstitute the three the Governor of the Haryana is pleased to reconstitute the three the Governor of the Haryana is pleased to reconstitute the three Official Members) Member (One Official Member and Two Non-Official Members) Member (One Official Member and Two Non nal at the following Sub- Maintenance Tribunal/Appellate Tribunal at the following Sub Maintenance Tribunal/Appellate Tribu Divisional level and District level under the Chairmanship of each Divisional level and District level under the Chairmanship of each Divisional level and District level under the Chairmanship of each Divisional Magistrate and District Magistrate respectively Sub-Divisional Magistrate and District Magistrate respectively Divisional Magistrate and District Magistrate respectively within their respective jurisdiction as per provisions of Section-7 within their respective jurisdiction as per provisions of Section within their respective jurisdiction as per provisions of Section fare of Parents and Senior and 15 of the Maintenance and Welfare of Parents and Senior and 15 of the Maintenance and Wel Official Citizen Act, 2007 and further nominate the other two Non-Official Citizen Act, 2007 and further nominate the other two Non Official Members of both the Tribunals. The tenure of the Non-Official Members of both the Tribunals. The tenure of the Non Members shall be three years from date of joining and both the Members shall be three years from date of joining and both the Members shall be three years from date of joining and both the s as per the provisions of the Tribunals will perform duties/functions as per the provisions of the Tribunals will perform duties/function CWP-1219 1219-2023 (O&M) -3- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Haryana Maintenance of Parents and Senior Citizens read with Haryana Maintenance of Parents and Senior Citizens read with Haryana Maintenance of Parents and Senior Citizens Rules, 2009.” 3) In response, learned counsel for the petitioners, and counsel for the petitioners, and refute the abovesaid factual aspect of the respondents No.4 and 5, do not refute the abovesaid factual aspect of the refute the abovesaid factual aspect of the respondents matter. 4) view of Having heard learned counsel for the parties, and in view of Having heard learned counsel for the parties, the conceded conceded position, as referred to above, this Court has no other as referred to above, this Court has no other option, but to set aside , but to set aside both the abovesaid both the abovesaid orders, being coram non judice. 5) Accordingly, the orders dated 09 - dated 09/19.02.2021 (Annexure P- 7), and 05.07.2022 (Annexure P-9) are 7), and 05.07.2022 (Annexure P are set aside, and the instant lis is remitted to learned Maintenance Tribunal concerned, headed by Sub to learned Maintenance Tribunal concerned, headed by Sub to learned Maintenance Tribunal concerned, headed by Sub afresh, in accordance with the Divisional Magistrate, to decide the same afresh, in accordance with the Divisional Magistrate, to decide the same Divisional Magistrate, to decide the same relevant notification notification. 6) The parties are directed to cause appearance before the The parties are directed to cause appearance before the The parties are directed to cause appearance before the learned Maintenance Tribunal concerned, on learned Maintenance Tribunal concerned .2026, whereupon, the , on 04.05.2026, whereupon, the latter shall decide the matter, after due compliance of the provisions latter shall decide the matter, after due compliance of the provisions of the Act of 2007, and the apposite Rules, including the grant of a fair the Act of 2007, and the apposite Rules, including the grant of a fair the Act of 2007, and the apposite Rules, including the grant of a fair the Act of 2007, and the apposite Rules, including the grant of a fair opportunity of hearing to all the parties concerned, within a period of opportunity of hearing to all the parties concerned, within a period of opportunity of hearing to all the parties concerned, within a period of opportunity of hearing to all the parties concerned, within a period of It is also three months from the receipt of a certified copy of this order. It is also three months from the receipt of a certified copy of this order. three months from the receipt of a certified copy of this order. pra), shall be decided on its own merits, expected that the application (supra), shall be decided on its own merits, pra), shall be decided on its own merits, expected that the application (su without being influenced by the observations already recorded without being influenced by the observations already recorded without being influenced by the observations already recorded 7) Consequently, the instant writ petition is disposed of. Consequently, the instant writ petition is (KULDEEP TIWARI) JUDGE .2026

17.04.202 Ak Sharma Whether speaking/reasoned Whether reportable Yes Yes/No