Hemant Gupta, J. - (1.) (Oral) - The challenge in the present Letters Patent Appeal is to an order passed by the Single Bench of this Court on 22.9.2015 wherein challenge to an order passed by the District Magistrate on 6.8.2015 remained unsuccessful.
(2.) The appellants are son and daughter-in-law of Bimla, who have invoked the jurisdiction of the District Magistrate under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 claiming shifting of the appellants to their place of residence and be restrained from staying and operating from House No.1719, Nirwana Society, Sector 49-B, Chandigarh. The petition was allowed by the learned District Magistrate. The appellants filed a writ petition challenging the order passed by the Learned District Magistrate before this Court, which has since been dismissed.
(3.) Learned counsel for the appellants has raised two-fold arguments. Firstly that the order of District Magistrate violated the principles of natural justice as the order of eviction was passed on the very first date of hearing without giving any opportunity to the appellants to rebut the claim of Bimla, the mother of the appellant No.1 and mother-in-law of appellant No.2. It is also argued that in one application, two sets of orders shall be passed, one by the District Magistrate for eviction of the appellants and secondly on the claim for of maintenance by the Maintenance Tribunal and when the Appellate Authority against the order of Maintenance Tribunal is District Magistrate itself. Thus the procedure adopted by the learned District Magistrate suffers from patent illegality and irregularities.;