SMT. USHA TRIPATHI v. STATE OF U.P. THRU.ITS PRIN. SECY. HOME LKO AND 5 OTHERS
WRIC/8282/2025 · 2025-08-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160055 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8282 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed by the petitioner with the following main prayers:-
"(I) Issue a writ of MANDAMUS commanding the Respondents to not create any hindrance in the peaceful possession of the petitioner over her house No.15/196, Sector 15, Indira Nagar, Thana Gazipur, District Lucknow. (II) Issue a writ of MANDAMUS commanding the Respondents to provide protection of life and property to the petitioner and take punitive action against the opposite parties. (III) Issue a writ or direction to the Respondent no.2 District Magistrate District- Lucknow to decide the application dated 24.05.2025 filed Under the provision of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 as soon as possible or within a stipulated time by this Hon'ble Court."
3. Learned counsel for the petitioner has argued that the petitioner is an old widow. Her husband Late Hub Narayan Tripathi passed away on 10.2.2022 and before his death, he executed a registered Will, by which he had divided all movable and immovable properties equally between the petitioner and their son Ashutosh Tripathi. Respondent no.5-Ashutosh Tripathi and his Versus Counsel for Petitioner(s) : Anoop Kumar Upadhyay Counsel for Respondent(s) : C.S.C. Smt. Usha Tripathi .....Petitioner(s) State Of U.P. Thru.Its Prin. Secy. Home Lko And 5 Others .....Respondent(s)
wife Smt. Anjana Tripathi (respondent no.6) have taken over the house of the petitioner and she has been forced to live with her daughter. 4. The petitioner has moved an application/representation before the District Magistrate, Lucknow on 24.5.2025 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Till date, her application has remained pending. 5. This writ petition is disposed of with a direction to the District Magistrate, Lucknow to send the application/representation of the petitioner before the nominated officer/Prescribed Authority within a week from the date a certified copy of this order is produced before him. The Prescribed Authority shall decide the application/representation of the petitioner within a period of four months thereafter, in accordance with law, after hearing all parties concerned. August 28, 2025 Sachin WRIC No. 8282 of 2025 2 (Brij Raj Singh,J.) (Mrs.
Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench