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2025 DAILYLAW 60471 (ALL)

SHARDA PRASAD v. THE STATE OF U.P. AND 3 OTHERS

WRIC/16579/2025 · 2025-05-21

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86877 Court No. - 33 Case :- WRIT - C No. - 16579 of 2025 Petitioner :- Sharda Prasad Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1.Heard learned counsel for the petitioner, learned Standing Counsel for the respondents and Sri J.P. Singh, learned counsel for the respondent No.4. 2. The petitioner has preferred the present petition with the prayer to qaush the order dated 11.02.2025 passed by the respondent No.2/Additional District Magistrate (Judicial)/Appellate Authority (Maintenance & Welfare) Kanpur Nagar in the appeal. 3. Facts in brief as contained in the writ petition are that the respondent No.4/Pujari Vishwakarma who is father of the respondent No.3 has filed an application under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the respondent No.3/Sub Divisional Magistrate, Kanpur Nagar. The aforesaid application was rejected the respondent No.2 vide order dated 13.04.2022. Aggrieved with the aforesaid order, the respondent No.4 filed appeal being Appeal No.2766 of 2024 before the respondent No.2/Additional District Magistrate (Judicial)/Appellate Authority (Maintenance & Welfare) Kanpur Nagar. The respondent No.2 vide its order dated 11.02.2025 allowed the appeal and directed the petitioner to pay a sum of Rs.2500/- to the respondent No.4 per month. Aggrieved with the aforesaid order, the petitioner filed the present petition. 3. After going through the aforesaid order, the Court is of the opinion that the order passed by the respondent No.2/Additional District Magistrate (Judicial)/Appellate Authority (Maintenance & Welfare) Kanpur Nagar in Appeal No.2766 of 2024 is perfect and valid order and does not call for any interference and the petition is liable to be dismissed. The Court is of the opinion that the amount of Rs.2500/- is meager and the same should be enhanced by this Court while exercising the power under Article 226 of the Constitution of India. 4. At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as not pressed. 5. Accordingly, the present petition is dismissed as not pressed. Order Date :- 22.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad