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2025 DAILYLAW 127306 (ALL)

VIJAY KUMAR SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 6 OTHERS

WRIC/2257/2025 · 2025-03-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14293-DB Court No. - 9 Case :- WRIT - C No. - 2257 of 2025 Petitioner :- Vijay Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 6 Others Counsel for Petitioner :- Pankaj Kumar Srivastava,Suresh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner, learned Standing Counsel who appears on behalf of State- respondents. This petition has been filed with the following prayers : - i. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to 5 to take immediate appropriate action for protection of life and property of petitioner against O.P. No.6 and 7. ii. Issue any order or direction the O.P. No.2 to 5 to ensure the residing the petitioner in his residential house no.645/A/479 Jankivihar Colony Road, Prabhat Chauraha, Janki Vihar Sector I, District – Lucknow without any hindrance" It is the case of the petitioner that opposite party no.6 is his son and opposite parties no. 7 is his daughter in law. Petitioner being Senior Citizen is being harassed by opposite party no.6 and 7 who have abused, tortered and threatened him repeatedly. The petitioner made several complaints to the opposite party no.5 and SHO twice visited the house of the petitioner and restored possession, however, on 07.12.2024 opposite party no.6 and 7 have again forcibly dispossessed the petitioner from the house. The Petitioner filed case under section 4 and 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 07.01.2025 before the opposite party no.4 bering case no.T202510460205855 [Vijay Kumar Srivastava vs. Saurabh Kumar Srivastava and Another]. The opposite party no.4 has also issued notice on 06.02.2025 to opposite parties no.6 and 7 and has fixed dates in the matter but no effective orders have been passed. Learned counsel for the petitioner has submitted that this Court has been pleased to passed an order on 06.7.2023 in Criminal Misc. Writ Petition No.1671/2023 in relation to another similarly situated senior citizens, copy of which has been filed as Annexur no.5 to the petition. We have gone through the order dated 06.7.2023 wherein the Court has recorded that the petitioners therein have approached the District Magistrate, Balrampur under section 21 of Maintenance and Welfare of the parents and Senior Citizens Act, 2007 but the matter was not referred to the SDM concerned by the office of District Magistrate and no notice has been issued thereafter the court had disposed of the petition directing the Superintendent of Police, Balrampur to consider the representation of the petitioner therein and pass appropriate directions. In this case the SDM is already seized of the matter in the case registered before him. This petition is disposed of with the direction to the opposite party no.4 to try and decide the application for interim relief, if any, moved by the petitioner, as expeditiously as possible, say within three weeks from the date a certified copy of this order is produced before him. Order Date :- 7.3.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench