DURGA PRASAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/7731/2025 · 2025-09-15
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7731 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard Sri Rishi Kumar Tripathi, learned counsel for the petitioner and Sri G.D. Bhatt, learned Additional Government Advocate for the State. 2.In view of the order proposed to be passed, the notices to opposite party Nos.4 and 5 are hereby dispensed with. 3.By means of this writ petition, the petitioner has prayed for the following relief:-
"(i) to issue a writ, order or direction in the nature of mandamus directing/ commanding the opposite parties/ State respondents to dispossess the private respondents who have been forcefully entered in the petitioner's house with the help of local police, in the interest of justice." 4.Learned counsel for the petitioner has informed that the opposite party Nos.4 & 5 are his son and daughter-in-law with whom their relations are not cordial and the petitioner is said to have ousted both the private opposite parties from his property. The petitioner has asked the opposite party Nos.4 & 5 to leave his house but they are forcefully living in his house and creating troublesome situation. 5.Learned Additional Government Advocate has produced a copy of the instructions letter dated 22.08.2025 provided by Sri Shiv Raj Singh, Sub- Versus Counsel for Petitioner(s) : Rishi Kumar Tripathi, Manish Barnwal, Utkarsh Singh Counsel for Respondent(s) : G.A. Durga Prasad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others .....Respondent(s)
Inspector, Police Station-Sarojininagar, District-Lucknow addressing to the learned Government Advocate, High Court, Lucknow. The same is taken on record. 6.Learned Additional Government Advocate has informed that for redressal of his grievance the petitioner may very well approach the District Magistrate, Lucknow under the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 by filing appropriate application taking all pleas and ground which are available with him and that application may be decided strictly in accordance with law. 7.Keeping in view the aforesaid facts and circumstances of the case, we do not find any fruitful purpose to keep this petition pending any longer.
However, liberty is given to the present petitioner to file an application under the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 taking all pleas and grounds which are available with him before the Competent Authority and if such application is filed by the petitioner, the same may be considered and disposed of strictly in accordance with law with expedition. 8.The writ petition is, therefore, consigned to record. September 15, 2025 Suresh/ CRLP No. 7731 of 2025 2 Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench