HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9427 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent nos.1 to 4 and 6 and Shri Anil kumar Tripathi, who has accepted notice on behalf of respondent no. 5 and perused the record. 2. This writ petition has been filed by petitioners with following main prayers : "(I). issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 to 6 to take immediate and effective steps in strict compliance of the report dated 27.09.2024 (filed as Annexure no. 3 to this writ petition) submitted by the Executive Officer, Municipal Corporation, Gonda and thereby restore the lawful possession of the petitioner over his residential house, and further ensure protection of the petitioner from any future or continuing illegal interference therein ; (ii). direct respondent nos. 2 and 4 to submit a compliance/action taken report in pursuance of the official orders/letter dated 27.09.2024 and 17.03.2025." 3. It is the case of the petitioner that the respondent no.7, who is paternal cousin along with her husband has taken over ancestral property of the petitioner and repeatedly, the petitioner is approaching all the authorities concerned but nothing has been done in the matter hence, this writ petition has been filed. 4. Learned counsel for the petitioner has placed reliance upon Annexure 5 to the writ petition which is a letter sent by an Executive Officer, Nagar Palika Parishad, Gonda to the City Magistrate, Gonda, wherein reference has been made of some letters sent by one MLA Vipul Dubey of Constituency Gyanpur Bhadohi, recommending the case of the petitioner against his paternal cousin, Versus Counsel for Petitioner(s) : Lakshmi Kant Tripathi, Tushar Kant Mishra Counsel for Respondent(s) : C.S.C., Anil Kumar Tripathi Shakir Hussain Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others .....Respondent(s) which matter was also taken up by the MLA concerned with Bhartiya Janta Party Vidhan Mandal Dal which sent an Email to the District Magistrate, Gonda which was in turn sent to the City Magistrate, Gonda and the Executive Officer, on the spot inspection being done, was carried out on 27.09.2024 and report is in favour of the petitioner. 5. We have read the letter dated 11.09.2025 which further goes to say that despite repeatedly being told, the petitioner does not understand that such illegal possession has to be challenged before the proper civil court and an order of eviction or any other kind of order passed on the judicial side can alone remove such alleged unauthorised possession. 6. This writ petition is disposed of with a direction to the petitioner to approach the Civil Court concerned. 7. Ms. Priya Singh, learned counsel for the petitioner, at this stage, pointed out that the petitioner is entitled to protection under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 8. We have gone through the array of respondents and we find that the respondent no.7 is also a Senior Citizen as such we cannot pass any order directing the respondents to take steps under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as per the judgment passed by a Full Bench of this Court in the Matters under Article 227 No.612 of 2024 (Omkar Gaur and another vs. District Magistrate/President Appellate Tribunal and two others) Neutral Citation No. 2025 : AHC-LKO : 31522-FB. September 25, 2025 Pks WRIC No. 9427 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench