GUL MOHAMMAD AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS
WRIC/3730/2025 · 2025-04-21
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134997 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134997 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22407-DB Court No. - 2 Case :- WRIT - C No. - 3730 of 2025 Petitioner :- Gul Mohammad And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Anjum Ara,Mohammad Irfan Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioners claim to have been dispossessed from their self-acquired property which is recorded in their names. Earlier, they had approached this Court by means of Writ C No. 29 of 2025 which was disposed of on 08.01.2025 in the following terms:
"1. Heard Mohammad Irfan Siddiqui, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State.
2. Let the petitioners' application, if it is otherwise maintainable, under the U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Rules made thereunder be considered by the Competent Authority. If any fresh application is required to be submitted by the petitioners let them do so before the competent authority who shall consider and decide the same as per law subject to its maintainability.
3. The writ petition is disposed of."
3. The petitioner thereafter approached the Sub Divisional Magistrate, Sadar, Lucknow who is not the authority competent in matters where right to property, etc. are being asserted or protection in respect thereof is being sought. Chapter V of the U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 deals with protection of life and property of senior citizens. There are rules made by the State Government, namely, U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014. Rule 21 of which speaks of duties and
powers of the District Magistrate. Clause (i) of sub- Section 2 enjoins the District Magistrate to ensure that life and property of the senior citizens of the District are protected and they are able to live with dignity and security. The petitioner should approach the District Magistrate, Lucknow appropriately in terms of the Act, 2007 and the Rules made thereunder whereupon the District Magistrate shall take cognizance and such action as may be permissible in law, but, with expedition.
4. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 21.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench