Patna High Court
Madhuri Devi @ MadhuriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the compromise order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is final and enforceable, and directed the bank to disburse the maintenance amount as per that order.
Summary
Hare Ram and his wife Kanchan Devi filed a writ petition seeking enforcement of a compromise order passed by the Sub‑Divisional Officer, Danapur under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which allotted Kanchan Devi 33% of the quantified maintenance amount. A related petition filed by their daughter‑in‑law, Madhuri Devi, was joined, and both parties had agreed to the compromise and withdrawn further contest. The petitioners argued that the bank, Uttarakhand Gramin Bank, should be directed to disburse the amount as per the compromise. The Court examined whether the compromise order, being an adjudication under the Act, is binding and enforceable against the bank. Finding that the issues had been finally decided by the designated authority and that the parties consented to the order, the Court directed the bank to pay the amount within six weeks. Consequently, both writ petitions were disposed of.
Issues considered
- Whether a compromise order passed by the Sub‑Divisional Officer under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is enforceable as a final adjudication.
- Whether the bank is bound to disburse the maintenance amount in accordance with the compromise order.
- Whether the High Court can dispose of the writ petitions on the basis of the settled compromise without further hearing.
Legislation cited
Subjects
- maintenance
- senior citizens
- compromise order
- bank disbursement
- writ jurisdiction
- enforcement of tribunal order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4409 of 2025
======================================================
1. Hare Ram @ Hare Ram Singh Son of Late Muneshwar Bhagwat, Resident
of Banura, Ward No.- 01, Buxar, Bihar. Presently residing at New Sabajpura,
near Nahar Road at New Sabajpura, Dinapur cum Khagaul, P.S.- Khagaul,
Patna, Bihar.
2. Kanchan Devi, Wife of Hare Ram, Resident of Banura, Ward No.- 01,
Buxar, Bihar, Presently residing at New Sabajpura, near Nahar Road at new
Sabajpura, Danapur cum Khagaul, P.S.- Kagaul, Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary of Social Welfare
Department, Govt. of Bihar, Patna.
2. The Principal Secretary of Social Welfare Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Patna.
4. Senior Deputy Collector, District Legal Branch, Patna.
5. The Assistant Director of Social Security Cell, Patna.
6. The Chairman Tribunal Committee cum Sub-Divisional Officer, Danapur,
Patna.
7. The Officer-incharge of Khagol Police Station, Danapur, Patna.
8. Uttarakhand Gramin Bank, Head Office- 13,2, New Road Race Course,
Dehradun, Uttarakhand, 248001.
9. Madhuri Devi, D/o- Dashrath Mahto, Wife of Late Maical Disooja, Resident
of Gabhatal, P.O. Danapur, P.S.- Danapur, Dist.- Patna, Pin- 800012.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2459 of 2025
======================================================
Madhuri Devi @ Madhuri W/o Late Maical Disoja, R/o At New Sabajpura,
PO- Khagaul, PS- Phulwarisharif, Patna, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Social Welfare
Department, Government of Bihar, District- Patna.
2. Maintenance Tribunal-cum-Sub-Divisional Officer, Danapur, District- Patna.
3. Regional Manager, Uttrakhand Gramin Bank, Haldawani, District- Nainital
(Uttrakhand).
4. Hareram Singh S/o Bhuneshwar Bhagat, R/o New Sabajpura, PO- Khagaul,
PS- Phulwarisharif, Patna, District- Patna.
5. Kanchan Devi W/o Hareram Singh, R/o New Sabajpura, PO- Khagaul, PS-
Patna High Court CWJC No.4409 of 2025(4) dt.11-05-2026
2/4
Phulwarisharif, Patna, District- Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 4409 of 2025)
For the Petitioner/s : Ms. Shrishti Rani, Adv
For the Respondent/s : Government Pleader (19)
(In Civil Writ Jurisdiction Case No. 2459 of 2025)
For the Petitioner/s : Mr.Shiv Pratap, Adv.
For the Respondent/s : Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 11-05-2026 At the request of learned counsel for the petitioners,
both the aforesaid writ petitions have been heard together and
are being disposed of by a common order.
2. Learned counsel for the petitioner representing
CWJC No. 2459 of 2025, which is said to have been filed by
daughter-in-law of the petitioner of CWJC No. 4409 of 2025
(Hare Ram @ Hare Ram Singh & Anr. v. The state of Bihar &
Ors.), submits that since a compromise has already been arrived
vide Annexure-P/3 Series, kept at page 24 of the writ petition,
filed before the Sub Divisional Officer, Danapur, Patna in Case
No.- 08/2024, under the provisions of Maintenance and Welfare
of Parents and Senior Citizens Act, 2007, the issues have been
adjudicated on the basis of the compromise arrived at between
the parties and appropriate decisions have been already taken by
learned Sub-Divisional Officer, who is designated authority
under Maintenance and Welfare of Parents and Senior Citizens
Patna High Court CWJC No.4409 of 2025(4) dt.11-05-2026
3/4
Act, 2007, who has accordingly, directed that the petitioner
no.2, Kanchan Devi wife of deceased petitioner would be
entitled to 33% of the entire quantified amount, and since the
adjudication of the issues have already been done under the
provisions of Maintenance and Welfare of Parents and Senior
Citizens Act, 2007, and the contesting parties are agreeable to
the same, and seeks disposal of their cases in terms of the order
passed by the learned Sub-Divisional Officer, Danapur, Patna.
3. In such background, the Bank authorities are
directed to disburse the amount in favour of parties in terms of
the compromise arrived at between the parties, which is said to
have formed the basis of passing the order as contained in
Memo No. 150 dated 10.08.2024 passed by the Chairman,
Tribunal Committee-cum-Sub-Divisional Officer, Danapur,
Patna.
4. Considering the fact that the daughter-in-law of
petitioner no.2 having already withdrawn the contest, which was
made before this Court vide CWJC No. 2459 of 2025, which is
tagged along with CWJC No. 4409 of 2025, said to have been
filed by the mother-in-law of Madhuri Devi, who is petitioner in
CWJC No. 2459 of 2025 and since they have agreed to act upon
in term of the compromise order dated 10.08.2024 vide
Patna High Court CWJC No.4409 of 2025(4) dt.11-05-2026
4/4
Annexure-P/3 Series, let Bank authority to disburse the amount
in favour of the parties as per the order passed by the Sub-
Divisional Officer, Danapur, Patna dated 10.08.2024 within the
a period of six weeks from the date of receipt/production of a
copy of this order.
5. Accordingly, both the writ petitions stand disposed
of.
6. Interlocutory Application pending, if any, shall
also be deemed to be disposed of.
(Ajit Kumar, J)
perwez
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