Mohd Fahad Nazeer v. Sri Akhilesh Singh, Sub Divisional Magistrate, KAISERGANJ, BAHRAICH
CAPL/2270/2025 · 2025-07-24
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153648 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153648 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2270 of 2025 Applicant :- Mohd Fahad Nazeer Opposite Party :- Sri Akhilesh Singh, Sub Divisional Magistrate, Kaiserganj, Bahraich Counsel for Applicant :- Sajjad Husain Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant.
2. The present contempt application is filed with the prayer to initiate appropriate proceedings against the respondent for non compliance of the
order dated 10.4.2025 passed in Matters Under Article 227 No.1717 of 2025.
3. Learned counsel for the applicant submits that application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 R/w Section 32-33 of the Indian Easements Act, 1882 was filed by father of the applicant, namely, Mohammad Imaran, aged about 64 years, S/o Late Nazeer Ahmad, Katra Uttari, Nagar Panchayat Jarwal, Jarwal (Gramin), Bahraich, Jarwal, Uttar Pradesh but the same was not being registered then he preferred writ petition, i.e., Matters Under Article 227 No.1717 of 2025, which was disposed of on 10.4.2025 with the direction to the S.D.M. Tehsil Kaisarganj, Bahraich to pass
order on the said application after hearing the parties in accordance with law. He further submits that order of the writ court was also communicated to the respondent but despite service, said application was not registered. He also submits that father of the applicant, who filed the application, died on 15.6.2025 and substitution application is filed but the same has not been decided, therefore, kind indulgence of this Court is necessary.
4. As the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 R/w Section 32-33 of the Indian Easements Act, 1882 is applicable only in the case of the senior citizens and after the death of father of the applicant, proceedings before the court below automatically seizes, therefore, this Court is of the view that
once, father of the applicant died, then no direction can be issued to the court below.
5. At this stage, learned counsel for the applicant requested that he wants to withdraw the present contempt application with liberty to take appropriate remedy against the persons who have been made opposite parties in the proceedings filed before the court below under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 R/w Section 32-33 of the Indian Easements Act, 1882.
6. In view of the above, the present contempt application is dismissed as withdrawn.
Order Date :- 24.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench