Allahabad High Court asks former judge and wife to approach District Magistrate for alleged eviction by son

Justice Anjani Kumar and Anr Vs State of UP and 4 Ors

Allahabad HC


WRIT - C No. - 7677 of 2020

About/from the judgment:

The Bench noted that a remedy was available to the aggrieved party under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007.


The Allahabad High Court has directed former Justice Anjani Kumar and his wife to approach the District Magistrate, Prayagraj with their grievances. The former judge and his wife had moved a plea in the High Court against their own son for illegally evicting them from their own house.


A Court noted that the petitioners could avail a remedy under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.


It was further noted,


Although the Legislature has enacted the aforesaid laws but no mechanism has been provided for implementation of the orders passed thereunder.


Advocate appearing for the petitioners told the Court that apart from other properties, the disputed house was also registered in the name of the petitioners.


He further submitted that that the name of the petitioner was recorded in the records of the Nagar Nigam, Prayagraj and their son had no right to evict the petitioners forcefully.


Considering the facts and circumstances of the case, the High Court granted liberty to the petitioners to file appropriate application under the state laws before the District Magistrate, Prayagraj within ten days enclosing therewith the relevant papers.


The petitioner's son has been directed to appear before the District Magistrate on November 19, 2020.


The District Magistrate has been further asked to pass a reasoned order touching all the issues raised by the parties within a period of two months from the date of receipt of the said application/petition.


In case the petitioners felt aggrieved with the order of the District Magistrate, they had the liberty to place a copy of the said order before the High court for its perusal and for passing further orders, the Bench added.


The High Court clarified that it had not expressed any opinion on the merits of the case and the concerned authority had to take decision on its own merits and the parties were free to raise all the issues before the District Magistrate.


The matter has been listed on February 8, 2021 for further orders.

Read the Judgment

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