Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189681 (ALL)

HEERA LAL v. STATE OF U.P. AND 5 OTHERS

WRIC/33612/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33612 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3/Superintendent of Police, Sambhal to take necessary action on the application of the petitioner, provide shelter to the petitioner and further protect his life and liberty. (ii) Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iii) Award cost of this writ petition to the petitioner." 3. The case of the petitioner is that he is an old person aged about 76 years. The petitioner along with his wife who is also aged about 72 years is living at Village & Post-Kubri Bhur, Police Station Dhanari, District Sambhal. 4. The further case of the petitioner is that the petitioner is being physically and mentally harassed by his son namely, Gopal and his daughter in-law (respondent no.6) just to grab the house and other property of the petitioner. The petitioner, thereafter, broke his relations with his son and daughter-in- law, and dispossessed them from his property by means of separation agreement dated 30.07.2024, copy of which is enclosed as Annexure-1 to the writ petition, but in spite of that, the petitioner has been forcefully ousted from his own house by his son and daughter-in-law.The petitioner in this respect, has has submitted representation to the Superintendent of Police, Versus Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav Counsel for Respondent(s) : C.S.C. Heera Lal .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Sambhal as well as Station House Officer, Police Station Dhanari, District- Sambhal, but no action has been taken on the same. 5. Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.2. 6. Accordingly, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation under Rule 21 of the U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 before respondent no.2-District Magistrate, Sambhal along with a certified copy of this order ventilating all his grievances within a period of one week from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same strictly in accordance with law within a period of two weeks thereafter after giving due notice and opportunity of hearing to the petitioner. October 15, 2025 NS WRIC No. 33612 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad