The Court dismissed the writ petition alleging maltreatment and property interference by family members, holding that an efficacious alternative remedy exists under the UP Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.
The writ petition is disposed of as there is an efficacious alternative remedy available.
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Court No. - 40
Case :- WRIT - C No. - 16179 of 2022
Petitioner :- Smt. Shashi Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vikas Kumar Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.
The grievance of the petitioner is that the petitioner is being maltreated by the respondent nos.4 to 7 who are her own family members. It has been stated that the respondent nos.4 to 7 are interfering in the peaceful possession of her property.
Learned Standing Counsel states that the petitioner has an efficacious remedy of filing an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act") before the District Magistrate.
Having gone through the provisions of the Act, the Court is definitely of the view that the petitioner has a more efficacious alternative remedy of filing an application under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 framed under the Act.
Under such circumstances, no interference is warranted.
The writ petition is, accordingly, disposed of.
Order Date :- 31.8.2022 GS
(Vikas Budhwar, J.) (Siddhartha Varma, J.)
Digitally signed by GAUTAM SONI Date: 2022.08.31 17:00:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition concerning family interference with property and maltreatment admits of interference given the availability of an efficacious alternative remedy.
2 provisions across 2 enactments
Smt. Shashi Devi
State Of U.P.
Siddhartha Varma
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
