- (1.) An order dated September 8, 2015, passed by the Sub Divisional Officer, Katwa, being the presiding officer of the Maintenance Tribunal, Katwa (hereafter the tribunal), constituted in terms of the provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereafter the Act), is under challenge in this writ petition at the instance of the son of the respondent no. 5 (parent/senior citizen). She had approached the tribunal with a complaint of neglect and ill - treatment by the petitioner and claimed an order for maintenance as well as right to stay at her residence at Subodh Smriti Bypass Road, Katwa (hereafter the residence). The complaint was disposed of by the impugned order by directing as follows: "Whereas on being heard the tribunal is of the view that the petitioner needs immediate maintenance from her sons and her right to stay at her residence immediately at Subodh Smriti Bypass Road, Katwa and considering the financial condition of the O.P. and that of the younger son of the petitioner, passed an order on this very day i.e. 08.09.2015 that Shri Ranjit Gopal Roy, Elder son, O.P will remit Rs. 500/ - (Rupees Five hundred) only per month to the bank account of the petitioner, Shri Biswajit Roy, younger son will remit Rs. 2000/ - (Rupees Two thousand) only per month, to the bank account of the petitioner. The stated amount for maintenance must be deposited to the bank account (Bank Name Oriental Bank of Commerce, Branch Name: Katwa, A/c No. 17352281005558, IFSC: ORBC0101735) of the petitioner on or before 5th of each month starting from 5th October, 2015. Whereas the tribunal further directs the O.P Sri Ranjit Gopal Roy, who has been solely residing in his parent's property, as claimed by the petitioner, to reinstate her mother Smt. Mina Roy, the petitioner at her residence at Subodh Smriti Bypass Road, Katwa by 15th October, 2015 along with her younger daughter, Smt. Phalguni Roy Sarkar who looks after the petitioner and give free access for peaceful stay at the Ground floor of the said residence and provide basic amenities e.g uninterrupted access to electricity and water etc. As it was learnt that the said residential house has two separate entrances, it is desirable that the petitioner and the O.P. should use separate entrance for their daily use and they don't infringe upon to other. Whereas the tribunal made this order under this Act and shall be executed in the manner as prescribed in the act and subsequent rules laid down for the purpose."
(2.) Appearing in support of the writ petition, Mr. Bhattacharya, learned advocate, duly assisted by Mr. Mukhopadhyay, learned advocate, submitted that the petitioner's grievance is limited to that part of the order of the tribunal whereby reinstatement of the respondent no. 5 and her daughter, Smt. Phalguni Roy Sarkar, has been directed together with direction to ensure free access for stay at the ground floor of the residence. According to him, there is no provision in the Act for making such a direction for reinstatement and the tribunal acted in excess of jurisdiction.
(3.) I have heard Mr. Bhattacharya. It has not been considered necessary to call upon the learned advocates appearing for the official respondents and the respondent no. 5 to reply.;