HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8853 of 2024 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard Shri R.P. Singh, learned counsel for the petitioner and Shri Inam Uddin Ahmed, learned counsel for the respondent. 3. Present petition has been filed challenging the order dated 05.08.2024 whereby directions for eviction were passed under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as well as the order dated 23.09.2024 whereby the appeal was also dismissed. 4. Considering the fact that Full Bench of this Court vide judgment dated 27.05.2025 passed in Matters Under Article 227 No.612 of 2024 (Onkar Nath Gaur and Anr. v. District Magistrate/President Appellate Tribunal Lko. and 2 Others) has decided the issue that the District Magistrate in exercise of powers under the Senior Citizens Act does not have the power to direct eviction, the impugned orders cannot be sustained so far as they direct the eviction of the petitioner. 5. It is argued by learned counsel for the respondent that this ground with regard to lack of jurisdiction was not taken before the authority concerned, however, considering the fact that the law has been clarified with regard to the jurisdiction by the Full Bench and the matter with Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari, Kartik Rawat, Rajendra Pratap Singh Counsel for Respondent(s) : C.S.C., Gaurav Joshi, Inam Uddin Ahmed, Krishna Mohan Srivastava, Shubham Tripathi, Vijayendra Prakash Tripathi Mukut Mani Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Social Welfare U.P. Lko. And 3 Others .....Respondent(s) regard to jurisdiction goes to the root of the matter, this Court has considered the said ground. 6. In view thereof, orders dated 05.08.2024 & 23.09.2024 are quashed insofar as it directs eviction. 7. Present petition is allowed in above terms. September 9, 2025 nishant No. WRIC No. 8853 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench