Unknown vs Collector on 30 March, 2026

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    Orissa High Court

    Unknown vs Collector on 30 March, 2026

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                                    W.P.(C) No.680 of 2026
    
                    (In the matter of an application under Articles 226
                  and 227 of the Constitution of India)
                   Parbati Das                          ....             Petitioner
                                            -versus-
                   Collector,      Balasore         and ....     Opposite Parties
                   others
    
                  Appeared in this case:-
                         For Petitioner       :        Mr. S.S. Pradhan, Advocate
    
                   For Opposite Parties       :                    Mr. G. Mohanty,
                                                         Learned Standing Counsel
                                                      (For the State Opposite Party
                                                                       Nos.1 and 2)
    
                   CORAM:
                   JUSTICE A.C. BEHERA
    
                                           JUDGMENT
    

    Date of hearing : 23.03.2026 / date of judgment : 30.03.2026

    A.C. Behera, J. This writ petition under Articles 226 and 227 of the

    SPONSORED

    Constitution of India, 1950 has been filed by the petitioner

    (old widow mother of the Opposite Party Nos.3 and 4)

    praying for quashing the impugned order dated

    07.11.2025 (Annexure-4) passed in Misc. Appeal No.12 of

    2024 under Section 16 of the Maintenance and Welfare of

    Parents and Senior Citizens Act, 2007 by the Collector,
    Balasore(Opposite Party No.1) and to confirm the order

    dated 29.02.2024(Annexure-2) passed in Misc. Case No.49

    of 2023 by the Sub-Collector, Balasore-cum-Presiding

    Officer, Maintenance and Welfare of Parents and Senior

    Citizens Act, 2007(Opposite Party No.2).

    2. The factual backgrounds of this writ petition, which

    prompted the old widow petitioner for filing of the same is

    that, she(petitioner) is an old widow helpless senior citizen

    as well as mother of the Opposite Party Nos.3 and 4 and her

    present age is 83 years. Her one son, i.e., Opposite Party

    No.3(Rajendra Das) is a vegetable seller and her another

    son, i.e., Opposite Party No.4(Jitendra Das) is a Home guard

    and they(Opposite Party Nos.3 and 4) both are married. Her

    sons, i.e., Opposite Party Nos.3 and 4 divided her

    husband’s ancestral house between them without providing

    any room therein to her(petitioner) for her stay.

    She(petitioner) has no income of her own. Due to her

    extreme old age, she(petitioner) is not able to maintain her

    and she has nothing with her to maintain. When, her sons,

    i.e., Opposite Party Nos.3 and 4 did not provide

    her(petitioner) anything for her sustenance and medical

    Page 2 of 14
    expenses, then, without getting any way, she(petitioner)

    filed Misc. Case No.49 of 2023 before the Sub-Collector,

    Balasore-cum-Presiding Officer, Maintenance and Welfare of

    Parents and Senior Citizens Act, 2007(Opposite Party No.2)

    under Section 7 of the said Act, 2007 praying for directing

    her sons(Opposite Party Nos.3 and 4 in this writ petition)

    for providing her maintenance and financial assistance for

    her medical treatments and expenditures.

    3. To which, her two sons, i.e., Opposite Party Nos.3 and

    4 objected by filing objection stating therein that, there was

    an amicable settlement between them to provide

    maintenance to the petitioner, for which, there is no

    negligence on their part in providing maintenance to

    her(petitioner). They are residing in their ancestral

    residential house in separate mess. Presently, the Opposite

    Party No.4(Jitendra Das) is staying with his family in his

    Government quarter and there was a mutual understanding

    between them on dated 11.11.2021 before the District

    Mediation Centre, Balasore under DLSA, Balasore that, the

    Opposite Party No.3(Rajendra Das) shall pay Rs.1,000/-

    (rupees one thousand) per month to the Opposite Party

    Page 3 of 14
    No.4(Jitendra Das) to take care of the petitioner, but, the

    Opposite Party No.3(Rajendra Das) is not paying the same.

    In fact, no room in their ancestral house has been provided

    to the petitioner. As such, they(Opposite Parties) are not

    negligent in any manner in maintaining their mother, i.e.,

    petitioner.

    4. After hearing from both the sides, the Opposite Party

    No.2 passed final order in Misc. Case no.49 of 2023 on

    dated 29.02.2024(Annexure-2) and allowed the petitioner to

    stay with the Opposite Party No.4(Jitendra Das), who will

    maintain her(petitioner) and directed to the Opposite Party

    No.3(Rajendra Das) to pay Rs.5,000/-(rupees five thousand)

    per month to her(petitioner) clarifying that, none of the

    Opposite Parties among Opposite Party Nos.3 and 4 shall

    obstruct in staying of the petitioner in her husband’s

    ancestral house and if any untoward situation is created by

    the Opposite Party Nos.3 and 4(Rajendra Das and Jitendra

    Das), the petitioner(mother) is at liberty to lodge an F.I.R.

    against them in the local Police Station assigning the

    reasons in that order vide Annexure-2 that,

    Page 4 of 14
    “the petitioner is the old widow mother of the Opposite

    Parties and her age is 82 years and she is incapable

    physically to earn something for her maintenance. She has

    not been given a portion of the ancestral house of the

    Opposite Parties to stay, for which, it is the duty and

    responsibility of her sons, i.e., Opposite Parties(Rajendra Das

    and Jitendra Das) to take her care at her old age, as she is

    physically incapable.”

    5. On being dissatisfied with the aforesaid order dated

    29.02.2024(Annexure-2) passed in Misc. Case No.49 of

    2023 by the Opposite Party No.2, one son of the petitioner,

    i.e., Rajendra Das, (Opposite Party No.1 in Misc. Case No.49

    of 2023) challenged the said order dated

    29.02.2024(Annexure-2) passed in Misc. Case No.49 of

    2023 by the Opposite Party No.2 preferring Misc. Appeal

    No.12 of 2024 under Section 16 of the Act, 2007 before the

    Appellate Tribunal, i.e., Collector-cum-District Magistrate,

    Balasore(Opposite Party No.1) being the appellant against

    the petitioner arraying her(petitioner) as Respondent No.2

    and also arraying his brother Jitendra Das as Respondent

    No.3 praying for setting aside that impugned order dated

    Page 5 of 14
    29.02.2024 (Annexure-2) passed in Misc. Case No.49 of

    2023 by the Opposite Party No.2.

    6. After hearing from both the sides, the Appellate

    Tribunal, i.e., Collector-cum-District Magistrate, Balasore

    (Opposite Party No.1 in this writ petition) set aside to the

    impugned order dated 29.02.2024(Annexure-2) as per the

    final order dated 07.011.2025(Annexure-4) passed in Misc.

    Appeal No.12 of 2024 and remitted back the matter vide

    Misc. Case No.49 of 2023 to the Opposite Party No.2 for

    making a fresh enquiry and to take a final decision as per

    law after giving opportunity of being heard to both the

    parties.

    7. To which, the petitioner challenged by filing this writ

    petition under Articles 226 and 227 of the Constitution of

    India, 1950 praying for quashing the aforesaid impugned

    order dated 07.11.2025(Annexure-4) passed in Misc. Appeal

    No.12 of 2024 by the Opposite Party No.1 and to confirm

    the order dated 29.02.2024(Anneure-2) passed in Misc.

    Case No.49 of 2023 by the Opposite Party No.2 on the

    ground of lack of jurisdiction of the Opposite Party No.1 to

    entertain the Misc. Appeal no.12 of 2024 under Section 16
    Page 6 of 14
    of The Maintenance and Welfare of Parents and Senior

    Citizens Act, 2007 filed by the Opposite Party No.3(Rajendra

    Das).

    8. I have already heard only from the learned counsel for

    the petitioner, the learned Standing Counsel for the

    Opposite Party No.1 and 2, as none appeared on behalf of

    the Opposite Party Nos.3 and 4 to participate in the hearing

    of this writ petition.

    9. In order to assail the impugned order vide Annexure-4

    passed by the Opposite Party No.l in Misc. Appeal No.12 of

    2024 on the ground of incompetency of the Opposite Party

    No.3(appellant in Misc. Appeal No.12 of 2024) to prefer that

    appeal, the learned counsel for the petitioner relied upon

    the following decisions:-

    (i) In a case between Dinesh Bhanudas
    Chandanshive vrs. State of Maharashtra and others
    : reported in (2024) 1 High Court Cases(Bombay)-125,
    2024 SCC OnLine Bombay-336.

    (ii) In a case between K. Raju vrs. Union of India
    represented by Secretary to Government and others :

    reported in (2021) SCC OnLine Madras-746.

    Page 7 of 14

    (iii) In a case between Mamata Sarki and another
    vrs. State of West Bengal and others : reported in
    2020 SCC OnLine Calcutta-721.

    (iv) In a case between Sri K. Lokesh vrs. The
    Bangalore District Maintenance and Welfare of
    parents and senior citizens appellate Tribunal and
    Special Duty Commissioner-1, Bengaluru North Sub-

    division, Bangaluru and others : decided in Writ
    Appeal No.254 of 2024(GM-RES) dated 20.12.2024.

    10. The provisions of law envisaged in Section 16 of the

    Orissa Maintenance and Welfare of Parents and Senior

    Citizens Act, 2007 only empowers any Senior Citizen or a

    Parent as the case may be aggrieved by an order of a

    Tribunal may within sixty days from the date of such order,

    prefer an appeal to the Appellate Tribunal.

    Therefore, right of an appeal before the Appellate

    Tribunal under Section 16 of the Act, 2007 is only available

    to any Senior Citizen or a Parent, who is aggrieved by an

    order of the Tribunal, but, such right is not available to any

    other person than senior citizen or a parent like the

    Opposite Party No.3 in this writ petition, as he(Opposite

    Party No.3) is neither a senior citizen nor a parent.

    Page 8 of 14

    The Orissa Maintenance and Welfare of Parents and

    Senior Citizens Act, 2007 is a beneficial legislation. All the

    beneficial legislations including the Act, 2007 must receive

    liberal constructions inconsonance with the objects to be

    served by it. The primary object of the Act, 2007 is to give

    social justice to parents and senior citizens. Therefore, the

    Tribunals and Courts should adopt purpose oriented

    approach. Liberal construction is to be avoided. It should be

    the duties of the Tribunals and Courts to discern the intention

    of the legislation enacted for the purpose. So, the beneficial

    statutes including the Act, 2007 should be given purposive

    construction, which should be in the line of its object.”

    11. The law relating to the non-maintainability of an

    appeal under Section 16 Maintenance and Welfare of

    Parents and Senior Citizens Act, 2007 before the Appellate

    Tribunal under the said Act, 2007, other than senior citizen

    or parent has already been clarified in the ratio of the

    following decisions:-

    (i) In a case between K. Raju vrs. Union of India
    represented by Secretary to Government and others
    : reported in 2021 SCC Online (Madras)-746(Para
    No.9) that,

    Page 9 of 14
    When, the words used in Section 16 of the Act, 2007 are
    that, any senior citizen or parent aggrieved by order of a
    Tribunal may prefer an appeal, then, there is no room to
    imagine that, others, then senior citizen or parent
    aggrieved by order of the tribunal can prefer an appeal.

    (ii) In a case between Mamata Sarki and another
    vrs. State of West Bengal and others : reported in
    2020 SCC Online Calcuta-721(Para Nos.16 and 21)
    that,

    Sections 16 and 2 of the Maintenance and Welfare of
    Parents and Senior Citizens Act, 2007 provides right of
    appeal before Appellate Tribunal only to senior citizen
    and parent to the exclusion of children and relatives as
    defined in Section 2 of the said Act, 2007.

    Therefore, right of appeal under the said Act is not
    available to the children and relatives.

    For which, appeal filed by the children under Section 16
    of the Act, 2007 challenging the order of maintenance
    Tribunal is not maintainable.

    (iii) In a case between K. Lokesh vrs. The Bangalore
    District Maintenance and Welfare of Parents and
    Senior Citizens Appellate Tribunal and Special
    Deputy Commissioner-1, Bengaluru North Sub-
    Division, Bengaluru and others decided on dated
    20.12.2024 in Writ Appeal No.254 of 2024(GM-RES)
    (at Para Nos.18 and 19) that,

    The language of Section 16 of the Act, 2007 is plain,
    clear and unambiguous.

    The said provision specifically and unequivocally grants
    the right of appeal exclusively to senior citizens.
    Extending this right to any other person is not
    permissible.

    When, the statutory provisions is ambiguous,
    interpretative tools can be used to resolve the ambiguity.
    If, after such an exercise and court finds ambiguity, the
    interpretation should aim to fulfill the purpose of the
    provisions. However, Section 16 of the Act is clear and
    unambiguous, leaving no necessity to resort to
    interpretation tools.

    (iv) In a case between Dinesh Bhanudas
    Chandanshive vrs. State of Maharashtra and others
    : reported in (2024) 1 High Court Cases(Bombay)-125,
    Page 10 of 14
    2024 SCC OnLine Bombay-336 that, the petitioner
    contended that, Section 16 of the Act, 2007 is arbitrary
    and illegal, as it provides remedy of appeal only to
    senior citizen or parents, but, does not provide remedy
    to any other person.

    Held–Section 16 of the Act, 2007, which provides the
    right to appeal only to senior citizen or a parent.

    (v) In a case between K. Lokesh vrs. Bangalore
    District Maintenance and Welfare of Parents and
    Senior Citizens Appellate Tribunal and Special
    Deputy Commissioner-1 and others : reported in
    2025(1) CCC-15(Karnatak) that, Right of appeal of Act,
    2007 is not available to any other party than senior
    citizen or parent.

    (vi) In a case between Ramesh Chandra Jaiswal
    and another vrs. Pankaj Jaiswal : reported in
    2025(3) CCC-143(Uttarakhand) that, right of appeal
    under Section 16(1) of the Act, 2007 empowers only to a
    senior citizen or a parent to prefer an appeal against the
    order of maintenance passed by the Tribunal within the
    period of limitation not to any other person, then, senior
    citizen or parent.

    (v) In a case between Himanshu Sekhar Sahoo vrs.
    Babaji Charan Sahoo and another(Orissa) decided on
    dated 17.03.2026 that, Section 16 of The Maintenance
    and Welfare of Parents and Senior Citizens Act, 2007
    provides right of an appeal only to a Senior Citizen or an
    Parent, but, no others.

    12. When, order dated 29.02.2024(Annexure-2) in Misc.

    Case No.49 of 2023 was passed by the Opposite Party No.2

    for the protection, security, safeguard, dignity and

    sustenance of the old widow helpless petitioner and senior

    citizen-cum-mother of the Opposite Party Nos.3 and 4 in

    the line of the object of the Orissa Maintenance and Welfare

    of Parents and Senior Citizens Act, 2007 for no other
    Page 11 of 14
    reason, but, only in order to provide social justice to the

    petitioner and when, Rule-19 of The Orissa Maintenance

    and Welfare of Parents and Senior Citizen Rules, 2009 casts

    duties upon the Tribunals under the Act, 2007 to ensure

    the lives and properties of the senior citizens like the

    petitioner residing within their jurisdiction and to pass

    orders for their protection, by which, they will live with

    security and dignity and when any right of appeal under

    Section 16 of the Act, 2007 was/is not available to the

    Opposite Party No.3, then at this juncture, by applying the

    principles of law enunciated in the ratio of the aforesaid

    decisions, it is held that, the Appeal vide Misc. Appeal

    No.12 of 2024 under Section 16 of the Act, 2007, which was

    preferred by the Opposite Party No.3(Rajendra Das) against

    her old mother, i.e., petitioner was not entertainable under

    law before he Appellate Tribunal, i.e., Opposite Party No.1.

    For which, the impugned order dated 07.11.2025

    (Annexure-4) passed in Misc. Appeal No.12 of 2024 by the

    Collector-cum-District Magistrate, Balasore (Opposite Party

    No.1) is held as without jurisdiction.

    Page 12 of 14

    13. When, it is held above that, the impugned order dated

    07.11.2025(Annexure-4) passed in Misc. Appeal No.12 of

    2024 by the Collector-cum-District Magistrate,

    Balasore(Opposite Party No.1) is without jurisdiction, then

    at this juncture, then, the said impugned order dated

    07.11.2025(Annexure-4) passed in Misc. Appeal No.12 of

    2024 by the Opposite Party No.1 cannot be sustainable

    under law. The same is liable to be quashed.

    For which, there is justification under law for making

    interference with the impugned order dated

    07.11.2025(Annexure-4) passed in Misc. Appeal No.12 of

    2024 by the Opposite Party No.1 through this writ petition

    filed by the petitioner.

    14. As such, there is merit in the writ petition filed by the

    petitioner. The same must succeed.

    15. In result, the writ petition filed by the petitioner is

    allowed on merit.

    The impugned order dated 07.11.2025(Annexure-4)

    passed in Misc. Appeal No.12 of 2024 by the Collector-cum-

    Page 13 of 14

    District Magistrate, Balasore (Opposite Party No.1) is

    quashed.

    The order dated 29.02.2024(Annexure-2) passed in

    Misc. Case No.49 of 2023 by the Sub-Collector, Balasore-

    cum-Presiding Officer, Maintenance and Welfare of Parents

    and Senior Citizens Act, 2007(Opposite Party No.2) is

    confirmed.

    16. As such, this writ petition filed by the petitioner is

    disposed of finally.

    ( A.C. Behera )
    Judge
    Orissa High Court, Cuttack
    The 30th of March, 2026/ Jagabandhu, P.A.

    Signature Not Verified
    Digitally Signed
    Signed by: JAGABANDHU BEHERA
    Designation: Personal Assistant
    Reason: Authentication
    Location: OHC, CUTTACK
    Date: 30-Mar-2026 19:48:46

    Page 14 of 14



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