Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 87742 (ALL)

MOHD RAEES v. STATE OF U.P. AND 3 OTHERS

WRIC/28459/2025 · 2025-10-05

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28459 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and learned standing counsel for respondents. 2. Learned counsel for the petitioner is permitted to implead "District Magistrate, Kanpur Nagar" as respondent no. 5 during the course of the day. 3. Present petition has been filed challenging the order dated 06.11.2023 passed by respondent no. 2- Sub Divisional Officer, Sadar, Kanpur Nagar. 4. Learned standing counsel pointed out that in the present matter application has been filed before respondent no. 2 for protection of property under Rule 21 of U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 (hereinafter referred as "Rules, 2014") and authorities lies with District Magistrate. Therefore, petitioner may be directed to file fresh application before District Magistrate for redressal of his grievance and in case any such application is filed, the same shall be considered and decided at the earliest. 5. Learned counsel for the petitioner submitted that petitioner would file application before respondent no. 5- District Magistrate, Kanpur Nagar and direction may be issued to decide the same in accordance with law at the earliest. 6. In view of the facts and circumstances of the case, the writ petition is Versus Counsel for Petitioner(s) : Mithilesh Kumar Shukla, Saurabh Pandey, Sudhir Kumar Shukla Counsel for Respondent(s) : C.S.C. Mohd Raees .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) disposed of with liberty to petitioner to move application under Rule 21 of Rules, 2014 along with certified copy of this order before respondent No. 5 within two weeks from today. In case any such application is filed, respondent No. 5 is directed to decide the same in accordance with law maximum within a period of six weeks after providing opportunity of hearing to private respondent nos. 3 & 4. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 5 to pass order after considering the relevant Rules as well as facts of the case. October 6, 2025 Arvind WRIC No. 28459 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad