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Judgment
KIRTI SINGH, J. (ORAL)
The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India seeking issuance of an appropriate writ in the nature of Certiorari for setting aside the order dated 12.01.2024 (Annexure P-3) passed by respondent No.1, whereby the order dated 05.02.2019 (Annexure P-2) passed by respondent No.2, has been set aside, and the appeal preferred by respondent No.3 has been allowed and the transfer deed dated 17.04.2017 (Annexure P-1)1) executed in favour of the petitioner has been ordered to be cancelled.
At the outset, learned counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by the judgment dated 11.11.2025 passed by this Court in CWP-30664-2025, titled Sandeep Kumar versus Presiding Officer, Maintenance Appellate Tribunal/District Magistrate, Fazilka and others.
Learned State counsel as well as learned counsel appearing for respondent No.3 do not dispute that the issue involved in the present petition is squarely covered by the judgment dated 11.11.2025 passed by this Court in CWP-30664-2025.
Having heard learned counsel for the parties, this Court finds that the issue raised in the present petition is identical to the one decided by this Court in Sandeep Kumar's case (supra), wherein it was held as under:
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2.The principal contention advanced by learned counsel for the petitioner is that the impugned order has been passed by an authority devoid of statutory jurisdiction, and therefore, warrants interference on this ground alone. It is submitted that, in view of the Punjab Government Notification bearing No. 8/10/2008-8SS/542 dated 15.07.2008, and in exercise of powers conferred under Sections 7(1)&(2) and 15(1)&(2) of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act of 2007’), the Governor of Punjab constituted the Maintenance Tribunals/Appellate Tribunals. Their jurisdictions for the implementation of the Act of 2007 are as under:
Sr. Name of the Presiding Officer of the Jurisdiction No. Tribunal Tribunal Maintenance Sub Division of the District Sub Divisional Magistrate of the 1. Tribunal concerned area concerned District Magistrate of the area 2. Appellate Tribunal District concerned concerned
3.Consequently, it is submitted that since the impugned order has not been passed by the statutory authority, i.e. District Magistrate, rather has been passed by an authority exercising sub-delegated powers, i.e. Additional Deputy Commissioner, Fazilka, it deserves to be set aside.
4.Learned counsel for the respondents No.2 to 4 has filed a reply dated 11.11.2025, which is taken on record.
5.This Court posed a specific query to learned State counsel as to whether, under the statutory provisions, the District Magistrates/Presiding Officers of the Appellate Tribunals are competent to sub-delegate the quasi-judicial functions and powers vested in them by statute. Learned State counsel has fairly conceded that such functions and powers cannot be sub-delegated.
6.Moreover, learned State counsel has furnished a copy of the instructions dated 27.10.2025, issued by the Directorate Social Security and Women & Child Development, Punjab, wherethrough it has been categorically clarified to all the concerned authorities that the District Magistrates/Presiding Officers of the Appellate Tribunals constituted under the Act of 2007 are not authorized to sub-delegate their quasi-judicial functions and powers to any subordinate or other officer, irrespective of rank or competence. The relevant portion of the instructions is extracted hereunder:
“To All District Magistrates/Presiding Officers, Appellate Tribunal Constituted under Sections 15(1) & 15(2) of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. No.P-3(SS)/2025/82189 Dated, Chandigarh 27-10-2025 Sub: Implementation of the Hon'ble High Court Order dated 26.09.2025 in CWP No. 27866 of 2025 - Davinder Singh vs. Additional District Magistrate & Others. In continuation of this Department's Notification No. 8/10/2008-8SS/798 dated 27th August 2008, whereby the District Magistrates were designated as Presiding Officers of the Appellate Tribunals constituted under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, attention is invited to the recent directions issued by the Hon'ble Punjab and Haryana High Court, Chandigarh, in CWP No. 27866 of 2025 - Davinder Singh vs. Additional District Magistrate & Others decided on 26.09.2025.
2.The Hon'ble Court has categorically clarified that the District Magistrates/Presiding Officers of the Appellate Tribunals constituted under the said Act are not authorized to sub-delegate their quasi-judicial functions and powers to any subordinate or other officer, irrespective of rank or competence.
3.Pursuant to the said judgment, the Office of the Worthy Chief Secretary to Government of Punjab, vide letter No. OSD(L)/CS/2025/64708997 dated 09.10.2025, has directed that the above order be circulated to all concerned authorities for meticulous compliance.
4.It is, therefore, requested to ensure strict and prompt compliance with the aforesaid directions of the Hon'ble High Court and the Chief Secretary's Office. It may further be ensured that a copy of these orders is circulated to all Sub-Divisional Magistrates under your jurisdiction for necessary action and adherence.
5.Non-compliance may attract adverse observations from the Hon'ble Court; therefore, the matter may be treated as Top Priority.”
7.In view of the above, the impugned order does not pass the test of legality and requires interference of this Court. Consequently, the impugned order is set aside and the matter is remanded to the District Magistrate-cum-Appellate Tribunal, Fazilka, for fresh adjudication in accordance with Section 16 of the Act of 2007. Both the parties are directed to cause appearance before the District Magistrate-cum-Appellate Tribunal on 18.11.2025, whereupon the latter shall make an endeavour to decide the matter preferably within six weeks, but after affording adequate opportunity of hearing to the parties.
8.Disposed of accordingly."
Admittedly, in the present case also, the impugned appellate order dated 12.01.2024 (Annexure P-3) has been passed by the Additional District Magistrate, Amritsar, and not by the District Magistrate-cum-Appellate Tribunal, the statutory authority constituted under Section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Consequently, the issue being squarely covered by the aforesaid judgment, the present writ petition deserves to be allowed.
Accordingly, the present writ petition is allowed. The impugned order dated 12.01.2024 (Annexure P-3) is hereby set aside. The matter is remanded to the District Magistrate-cum-Appellate Tribunal, Amritsar, for fresh adjudication in accordance with law after affording an adequate opportunity of hearing to both the parties.
The parties are directed to appear before the District Magistrate-cum-Appellate Tribunal, Amritsar, on 01.09.2026, whereupon the latter shall make an endeavour to decide the matter preferably within six weeks, after affording an adequate opportunity of hearing to both the parties.
Pending miscellaneous application(s), if any, shall also stand disposed of.