Neutral Citation No. - 2025:AHC-LKO:445-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 10049 of 2024 Petitioner :- Vindeshwari @ Kamla Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Shailendra Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Shailendra Kumar Tiwari, learned Counsel for the petitioner as well as learned A.G.A. for the State-respondents and perused the record. 2. By means of the present petition, the petitioner has sought following main reliefs:- "i. A writ, order or direction in the nature of Mandamus for directing the opposite party No.2 to 4 for removal of trespass by the Opposite Parties No.5 to 13 on property of petitioner in light of representation dated 10.10.2024, in the interest of justice. ii. A writ, order or direction in the nature of Mandamus for directing the opposite party No.2 to 4 so that the petitioner can enjoy her rights without interference of Opposite Parties No.5 to 13." 3. Learned Counsel for the petitioner submits that the petitioner is an old lady aged about 84 years. In the year 2008 after the death of her husband, the petitioner and her daughter were thrown out of their house. Since the opposite party Nos.5 to 13 were threatening the petitioner and her daughter, therefore, the petitioner vide gift deed dated 28.12.2023 had transferred her land in the name of opposite parties. Thereafter, the opposite parties No.5 to 13 threw out the petitioner from her home and locked the premises. The incident was reported to Police Station Gudamba and other Higher Officers vide registered post, however, the police in connivance with opposite party Nos.5 to 13 made a fake report that the petitioner is living in her house at Gudamba peacefully. Being aggrieved, the petitioner had given representation to the Director General of Police, Lucknow on 10.10.2024, however, no action has been taken yet. 4. Learned A.G.A. for the State-respondents submits that the petitioner may approach the District Magistrate concerned by way of filing an appropriate application, who has sufficient power to pass orders on such applications under Rule 21(2)(i) and (vii) of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which read as under:- "21. Duties and Power of the District Magistrate.-(1) The District Magistrate shall perform the duties and exercise the powers mentioned in sub- rules (2) and (3) so as to ensure that the provisions of the Act are properly carried out in his district. (2) It shall be the duty of the District Magistrate to: (i) ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity; ... (vii) ensure periodic sensitization of officers of various Departments and Local Bodies concerned with welfare of senior citizens, towards the needs of such citizens, and the duty of the officers towards the latter; ..." 5. In view of the above, learned A.G.A. for the State- respondents further submits that the petitioner may approach the District Magistrate concerned with her grievance who has sufficient powers to pass orders on any such application under the aforesaid Act, 2007. 6. Having heard learned Counsel for the parties and on perusal of record, this Court finds that the petitioner has appropriate remedy to approach the District Magistrate concerned under Rule 21(2)(i) and (vii) of aforesaid Act, 2007 by way of filling an application within a period of two weeks from today and District Magistrate concerned is directed to pass an appropriate order on any such application, within a period of six weeks' thereafter, in accordance with law. 7. With the above observations/directions, the present petition is finally disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 3.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench