The High Court of Judicature at Allahabad dismissed the writ petition challenging an order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 directing petitioners to vacate their parents' house, finding no valid reason to entertain it.
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Court No. - 3
Case :- WRIT - C No. - 13370 of 2021
Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sunil Kumar Singh,Kamlesh Kumar Singh,Ram Bahadur,Shri Anil Srivastava Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-Respondents.
The petitioners have been filed this writ petition with a prayer to quash the impugned order dated 21.05.2021 passed by Sub Divisional Magistrate under the Provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the U.P. Rules whereby on the request of parents, the authority has directed the petitioners to vacate the house belonging to their parents. As per report filed along with the supplementary affidavit dated 23.6.2021, the petitioners owned several properties. Learned counsel for the petitioners has stated before us that the parents are residing with their youngest son. The petitioners have also filed a civil suit No. 119 of 2019 (Rajesh Kumar and another Vs. State of U.P. and others) for permanent injunction.
Considering all the facts and circumstances of the case, we do not find any good reason to entertain the writ petition. Therefore, the writ petition is dismissed.
Order Date :- 29.6.2021 RPD
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.01 10:37:44 IST Date: 2021.07.01 10:38:56 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the writ petition challenging the order directing petitioners to vacate parents' house needs to be entertained.
1 provisions across 1 enactments
Rajesh Kumar and Another
State Of U.P.
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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