BAHADUR v. STATE OF U.P. THRU. DISTRICT MAGISTRATE DISTT. SHRAWASTI AND 4 OTHERS
WRIC/4624/2025 · 2025-05-21
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139490 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139490 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30142-DB Court No. - 2 Case :- WRIT - C No. - 4624 of 2025 Petitioner :- Bahadur Respondent :- State Of U.P. Thru. District Magistrate Distt. Shrawasti And 4 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner, who is a senior citizen, had earlier approached this Court by means of Writ C No.868 of 2025, which was
disposed of vide order dated 11.02.2025, whereafter, the Sub Divisional Magistrate, Ikauna has considered the proceedings under Section 23 of the Senior Citizens Act, 2007 but has rejected the complaint vide judgement and order dated
07.04.2025.
3. We have perused the order passed by the Sub Divisional Magistrate, Ikauna. Although it is highly doubtful that the alleged deed dated 03.08.2024, which is a notarized document can be considered as a sale deed, but this by itself does not persuade us to interfere in the matter for the reason that the impugned order dated 07.04.2025 mentions various facts which would require an enquiry / trial as well as adducing of evidence by the rival parties, as it is stated that respondent no.5- Shiv Kumar is in possession of the land allegedly purchased by him for past several years and he has built a three-storey house thereon, therefore, complicated questions of validity of sale, title and possession could not have been decided under Section 23 of the Senior Citizens Act, 2007 by the Sub Divisional
Magistrate, Ikauna. These aspects can be looked into only by a Court of competent civil or revenue jurisdiction or if there is any other statutory Court or forum in this regard, by such Court or forum.
4. We, therefore, leave it open for the petitioner to initiate appropriate proceedings in this regard asserting his rights in respect of the property in dispute, uninfluenced by any observation made by the Sub Divisional Magistrate, Ikauna, District Shravasti in the order impugned dated 07.04.2025.
5. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.)(Rajan Roy, J.)
Order Date :- 21.5.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench