Neutral Citation No. - 2025:AHC-LKO:45238-DB Court No. - 2 Case :- WRIT - C No. - 7297 of 2025 Petitioner :- Smt. Nirmala Mishra And Another Respondent :- District Magistrate Amethi And 5 Others Counsel for Petitioner :- Virendra Singh Yadav,Piyush Pathak Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) issue a writ, order or direction in the nature of mandamus, commanding to the opposite party no.2 to 4 to reinstate the petitioners in their own house situated at village Pure Dutt Mishra, Raypur, Fuluvari, Raipur, District Amethi. (ii) issue a writ, order or direction in the nature of mandamus, commanding to the opposite party no.2 to 4 to oust the Opp-Party No.5 & 6 who have illegally occupied the house of the petitioners situated at village Pure Dutt Mishra, Raypur, Fuluvari, Raipur, District Amethi. (iii) issue a writ, order or direction in the nature of mandamus, commanding to the opposite party no.2 to decide the application dated 29.04.2025 filed by the petitioners U/s 7(1) of The Maintenance and Welfare of Parents and Senior Citizens Act 2007 expeditiously within a time frame as this Hon'ble Court may deem fit and proper, Contained as Annexure No.8 to the writ petition." 3. It has been submitted by learned counsel for the petitioners that the petitioners no.1 & 2 are the mother and father, respectively, of the respondent no.5, namely, Durgesh Kumar. The respondent no.6, namely, Priya @ Neetu is the wife of the respondent no.5 and daughter-in- law of the petitioners. The petitioners constructed a house which has been taken over by the opposite party no.5 & 6. Their younger son lives in Bihar with his wife. The opposite parties no.5 & 6 are constantly harassing the petitioners and the petitioners made an application on 27.08.2023 to the District Magistrate, Amethi and then also to the Hon'ble the Chief Minister of the State. They have also moved an application on 29.04.2025 under Section 7(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 praying for eviction of opposite parties no.5 & 6 from their house. Such application has also remain pending. Hence this writ petition has been filed. 4. The writ petition is disposed of with a direction to the Sub-Divisional Magistrate before whom the application under Section 7(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is pending, to consider and decide the same after giving opportunity of hearing to the respondents no. 5 & 6 also within a period of three months from the date a copy of this order is produced before him. Order Date :- 5.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench