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2025 DAILYLAW 168039 (ALL)

SHRI RAM ALIAS SHRI RAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF SOCIAL WELFARE AND 10 OTHERS

WRIC/9738/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9738 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 respondent State. 2. This petition has been filed by the petitioner with the following prayers :- "1. Issue a writ of Mandamus directing the District Magistrate, Lucknow, to protect the Petitioner's life and property under Sections 21, 22, 23 of the Act, 2007 and Rule 21 of the UP Rules, 2014, and decide the Petitioner's fresh representation dated 12.09.2025 (Annexure-7). II. In view of the Petitioner's advanced age and fragile condition, kindly direct that the dispute between the Petitioner and private respondents be mandatorily referred to the Hon'ble Mediation and Conciliation Centre of the Allahabad High Court, Lucknow Bench under Section 89 CPC, with a further direction for personal appearance and full cooperation of the parties, and for the mediation to be concluded within 60 days, with its report to be placed before this Hon'ble Court for appropriate consequential orders. III. Direct Respondent Nos. 7 and 8 to pay monthly maintenance to the Petitioner under Section 4 of the Act, 2007 during pendency of proceedings. IV. Direct all respondents to maintain status quo regarding the property and restrain creation of third-party rights till conclusion of mediation." 3. Learned counsel for the petitioner alleged that the petitioner's wife Versus Counsel for Petitioner(s) : Sumit Kumar Counsel for Respondent(s) : C.S.C. Shri Ram Alias Shri Ram Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Social Welfare And 10 Others .....Respondent(s) namely Smt. Krishawati and his two daughters and son in law, arrayed as respondent nos.6, 7,8, 9 and 10 are not letting the petitioner enter in his house and the petitioner is 80 years' old person. In this regard, the petitioner has made a complaint to the District Magistrate, Lucknow under the Senior Citizens' Act of 2007 and the Rules framed thereunder but his application has not been considered for maintenance and for interim relief. 4. We have gone through the applications made by the petitioner under Sections 21,22 and 23 of the Senior Citizens Act, 2007, copies of which have been annexed as Annexure Nos.4 and 5 to the writ petition. We find that the said applications are not in the proper format with sufficient details. 5. Accordingly, we dispose of this writ petition with direction to the petitioner to file a well drafted application before the District Magistrate, Lucknow who shall nominate the Sub Divisional Magistrate concerned to look into the matter and pass appropriate orders taking into account the judgement of Hon'ble the Supreme Court in the case of Kamlakant Mishra Vs. Additional Collector and others : Special Leave Petition (Civil) DNo.42786 of 2025 decided on 12.9.2025 and the law settled by Full Bench of this Court in Onkar Nath Gaur and another Vs. District Magistrate and others in Matters under Article 227 No.612 of 2024 decided on 27.5.2025. September 26, 2025 Shukla WRIC No. 9738 of 2025 2 Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench