Yesterday a matter came before the Allahabad High Court, in which a former Judge of the Allahabad High Court sought the indulgence of Court, as
Recently, the Supreme Court took serious veiw the matter, where two sons refused to maintain their Father. READ HERE
Hon’ble Justice Anjani Kumar (Retd.) has served as Judge of Allahabad High Court from 24.04.2001 to 13.09.2008
Hon’ble Justice Anjani Kumar (Retd.) along with his wife has filed a Writ Petition before the Allahabad High Court. In this Petition, they have sought relief against their eviction from the house by their own son.
Prayer Sought in the Writ Petition:
“(A) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 4 to restore the possession of the property to the petitioners, being House no. 27/13, Jawaharlal Nehru Road Prayagraj after evicting the respondent no. 5 and his family in exercise of powers conferred by Rule 21(2)(i) and Rule 22(1) of the U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.”
Petitioner submitted that Petitioner no. 1 is a former Judge of Allahabad High Court and Petitioner no. 2 is his wife. He further submitted that the petitioners, who are senior citizens, have been illegally evicted from their house no. 27/13, Jawahar Lal Nehru Road, Pryagraj.
It was further submitted that apart from other properties/houses, the disputed house is registered in the name of the petitioners. A number of allegations were made by the petitioners against their son i.e. respondent no. 5 namely Chandan Kumar.
Petitioners further contended that the name of the petitioner no. 1 has also been recorded in the record of the Nagar Nigam, Prayagraj and the respondent no. 5 has no right to evict the petitioners forcefully.
The aforesaid allegations were refuted by the Respondent No5, by filing an Affidavit.
Observations of Allahabad High Court
The Allahabad High Court observed that it has not been disputed by the petitioners that for redressal of their grievances, they have 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. Although the Legislature has enacted the aforesaid laws but no mechanism has been provided for implementation of the orders passed thereunder.
Considering the facts and circumstances of the case, Allahabad High Court granted liberty to the petitioners to file appropriate application/ petition under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 before the Respondent no. 2, District Magistrate, Prayagraj. The said Application has to be filed within ten days from the date of order enclosing therewith the relevant papers including the Annexures annexed with the present writ petition.
Allahabad High Court has directed Respondent No.5 to appear before the District Magistrate on 19.11.2020. Thereafter, the District Magistrate shall proceed with the matter and decide the aforesaid application/ petition of the petitioners in accordance with law by a speaking and reasoned order after hearing the petitioners and the respondent no. 5.
The Order passed by the DM shall cover 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 feel aggrieved with the order of the District Magistrate, they have been granted liberty to place a copy of the said order before the Allahabad High court for perusal its perusal and for passing further orders.
Now the matter has been listed for further orders on 8.2.2021.
Title: Justice Anjani Kumar And Another vs State of U.P. and Others
Case No.- Writ C No. 7677 of 2020
Coram: Hon’ble Justice Shashi Kant Gupta and Hon’ble Justice Pankaj Bhatia
Date of Order: 15.10.2020
Counsel for Petitioner:- Tarun Agrawal
Counsel for Respondent:- C.S.C.,Ankush Tandon