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2025 DAILYLAW 157417 (ALL)

SURYA KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 4 OTHERS

WRIC/7948/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7948 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 3. Learned counsel for the petitioner has prayed for an opportunity to correct the description of the Act of 2007 in the prayer clause of the writ petition. He may do so during course of the day. 4. This petition has been filed by the petitioner with the following main prayers:- "(I) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no.2, 3 and 4 to ensure the compliance of judgment and order dated 23.06.2025 passed in Case No.4045/2024 (Computerized Case No.D202404120004045 (Surya Kumar Versus Smt. Nanda Sharma) under Rule 21 of U.P. Maintenance and Welfare of Parents & Senior Citizen Act, 2007 forthwith, contained in Annexure No.12 to the writ petition. (II) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide the police protection for safety of the life and property of the petitioner from the opposite party no.5, in the interest of justice." 5. It has been submitted by learned counsel for the petitioner that the Versus Counsel for Petitioner(s) : Sheikh Mohammad Ali, Brijesh Kumar, Rahul Mishra, Ramesh Gupta Counsel for Respondent(s) : C.S.C. Surya Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 4 Others .....Respondent(s) petitioner and his wife are senior citizen and also suffering from various diseases. They have been ousted from their house by respondent no.5, who is their daughter-in-law and at present, they are residing in a rented house. The petitioner had approached the competent authority by means of an application under the U.P. Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short 'the Act of 2007'). The said application under Section 21 of the Act of 2007 was decided on 23.6.2025. The respondent no.5 was directed not to indulge in any activity, which may hamper the peaceful living of the petitioner and his wife and they may be allowed to stay in their own house at Lalu Purwa, Fatehsarai, P.S. Jahangirabad, District Barabanki. The respondent no.5 may not disturb the peaceful possession of the petitioner and his wife. The Superintendent of Police, Barabanki was directed to ensure that the petitioner and his wife's life and property is protected as is the object of the Act of 2007. A copy of the order passed by the District Magistrate, Barabanki was also directed to be sent to the Superintendent of Police, Barabanki. Despite such order being passed by the District Magistrate, Barabanki, the police authorities are not ensuring its compliance. Hence, this writ petition has been filed. 6. This writ petition is disposed of with a direction to the Superintendent of Police, Barabanki, to ensure compliance of the order passed by the District Magistrate, Barabanki at the earliest, say within a week from the date, a certified copy of this order is produced before him. August 29, 2025 Sachin WRIC No. 7948 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench