Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 99392 (ALL)

SUBHASH CHANDRA KESARWANI v. STATE OF U.P. AND 5 OTHERS

WRIC/33361/2025 · 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. - 33361 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 the State-respondents. 2. Present petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of mandamus directing the respondent nos. 2, 3 & 4 to take action against the respondent no. 5 & 6 under the provisions of 'Maintenance and Welfare of Parents and Senior Citizen Act, 2007'. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to decide the representation/application of petitioner dated 11.8.2025 within a reasonable time as fixed by this Hon'ble Court." 3. At the very outset, learned Standing Counsel pointed out that provision of Section 7 of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as Act, 2007) provides for Tribunal presided over by an Officer not below the rank of Sub Divisional Officer of a State, therefore, petitioner may approach the Sub Divisional Officer. He lastly submits that in case petitioner approaches the Sub Divisional Officer for redressal of his grievance, same shall be considered and decided at the earliest. 4. Under such facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to file an application as provided under Section 7 of Act, 2007 before the Sub Divisional Officer-respondent no.3 Versus Counsel for Petitioner(s) : Ankit Agarval Counsel for Respondent(s) : C.S.C. Subhash Chandra Kesarwani .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) within one week from today. In case any such application is filed before the respondent no.3, he shall consider and decide the same within a period of four weeks from the date of production of certified copy of this order after providing opportunity of hearing to the respondent nos. 5 & 6 also. 5. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case. October 6, 2025 Junaid WRIC No. 33361 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad