Dhanadeee vs State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. and 4 Others

¶1

Neutral Citation No. - 2024:AHC-LKO:30396

¶2

Court No. - 19

¶3

Case :- WRIT - C No. - 2146 of 2024

¶4

Petitioner :- Dhanadeee

¶5

Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. And 4 Others

¶6

Counsel for Petitioner :- Satendra Singh Rana,Vijay Kumar Counsel for Respondent :- C.S.C.

¶7

Hon'ble Subhash Vidyarthi,J.

¶8

Heard Sri Satendra Singh Rana, the learned counsel for the petitioner, Sri U.C. Singh, the learned Additional Chief Standing Counsel for the State and Sri Hari Om Dwivedi, the learned counsel for the opposite party no. 3.

¶9

By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 31.01.2024 passed by the Sub Divisional Magistrate, Lucknow in Case No. 20705 of 2022, under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 whereby the application filed by the petitioner for cancellation of registered gift deed has been dismissed for the reason that the petitioner has filed a Regular Suit No. 715 of 2022 in the Court of Civil Judge (Sr. Div.), Malihabad with the same purpose and the suit has already been decreed on 07.05.2021 and the gift deed has already been declared to be void. Therefore, the proceedings under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not maintainable.

¶10

The learned Standing Counsel as well as the learned counsel for the opposite party no. 3 have raised a preliminary objection that the petitioner has a statutory right to file an appeal under Section 16 of the Maintenance and Welfare of Parents and

¶11

Senior Citizens Act, 2007.

¶12

Accordingly, the writ petition is dismissed in view of availability of statutory remedy to the petitioner.

¶13

Order Date :- 18.4.2024 Pradeep/-

¶14

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dhanadeee v. State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What the court decided

Dhanadeee v. State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Collector Kheri Vs the Additional Commissioner Administration Lucknow and 8 Ors.

Ravendra Kumar Vs State of U.P. Thru. Prin. Secy. Department of Home and Another

Ekadashi Nishad Vs the State of U.P. Thru. Its Prin.Secy. Home Deptt.

Jayant Giri and Another vs State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Another

Smt. Rubina Bano vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 9 Others

Rajit Ram vs State of U.P. Thru. Prin. Secy. Revenue Civil Sectt. Lko and 6 Others