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2025 DAILYLAW 3313 (ALL)

DAYA SHANKAR TIWARI v. STATE OF U.P. AND 7 OTHERS

WRIC/15778/2025 · 2026-05-06

Neeraj Tiwari, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15778 of 2025 Court No. - 4 HON'BLE NEERAJ TIWARI, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner, Mr.Alok Kumar Tiwari, learned counsel appearing on behalf of respondents 5 to 8 and learned standing counsel for State- respondents. 2. Present petition has been filed seeking following relief:- "(a). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondents 2 to 4 to ensure dispossess the respondents 5 to 8 from the house in question and they may also be restrained to enter in the movable/immovable property of the petitioner under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. (b) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent-authorities concerned to take appropriate decision over the application of the petitioner (Annexure No. ... to the writ petition)." 3. Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 18.3.2025 before Versus Counsel for Petitioner(s) : Rakesh Kumar Upadhyay Counsel for Respondent(s) : Alok Kumar Tiwari, C.S.C., Manvendra Narain Pathak Daya Shankar Tiwari .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) respondent No. 2, but no decision has been taken till date. Lastly, it is submitted that a direction may be issued to respondent No.2 (District Magistrate, Deoria) to decide the representation within a stipulated time. 4. Learned counsel for respondents submitted that petitioner may be directed to file fresh representation. Further, in case any such representation is filed, the same shall be considered and decided at the earliest. 5. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No.2 within six weeks from today. In case any such representation is filed, respondent No. 2 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter after providing opportunity of hearing to respondents 5 to 8. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.2 to pass order after considering the relevant Rules as well as facts of the case. May 7, 2026 LN Tripathi WRIC No. 15778 of 2025 2 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad