Disposed

Diwakar Nath Trivedi v. District Magistrate , Lucknow and Others

Allahabad HC30 Jul 2024WRIC/6492/2024

Case brief

AI extract

What is this about?

This High Court Bench listed a writ petition seeking mandamus to restitute the petitioner-senior citizen in his house. The court recorded reports from the Tehsildar regarding failed compromise attempts and directed issuance of notices to the son and daughter-in-law to vacate a portion of the house.

What did the court decide?

Notices directed to be issued to opposite parties No. 5 & 6 to vacate a portion of the house; pleadings to be exchanged.

Diwakar Nath Trivedi vs District Magistrate… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 6492 of 2024

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Petitioner :- Diwakar Nath Trivedi Respondent :- District Magistrate , Lucknow And Others

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Counsel for Petitioner :- Santosh Kumar Ramakant Upadhyay,Arvind Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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This Court had passed an order on 30.07.2024, which is quoted herein below:-

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" Heard learned counsel for the petitioner and learned Standing Counsel who appears on behalf of State respondents.

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This petition has been filed with the following main prayer :-

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"to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to restitute the petitioner in his own house as ordered by opposite party no.2 in his order dated 28.03.2024, contained in as Annexure No.3, to this writ petition."

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It is the case of the petitioner that he is a senior citizen and he has filed an application under Section 7 (1) of U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and SDM Mohanlalganj has passed an order in case no.20765/2021 [Diwakar Nath vs. Himanshu Trivedi and Others] against his son and daughter in law, i.e., private respondents no.5 and 6, yet no steps have been taken by the authorities concerned to ensure that the petitoner is allowed to live in his house peacefully.

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Learned Standing Counsel on the basis of instructions provided by the Tehsildar Mohanlalganj says that an attempt was made for compromise between the petitioner and his son and daughter in law in furtherance of the order dated 28.3.2024 but the same failed.

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List this case on 13.8.2024 as fresh. In the meantime learned Standing Counsel shall seek further instructions as to how the order dated 28.3.2024 is proposed to be executed. "

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In pursuance of the earlier order passed by this

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Court, learned Standing Counsel for the State Respondents has produced before this Court written instructions sent by the Tehsildar, Mohanlal Ganj, Lucknow wherein it has been stated that in pursuance of order passed by this Court, both the parties i.e. the petitioner and the respondents no. 5 & 6 were called to the Office of the Tehsildar, Mohanlal Ganj, Lucknow on 06.08.2024. The petitioner had given three options to the opposite parties no. 5 & 6 with regard to vacating certain portion of his house for the opposite parties no. 5 & 6 to live therein. They want the entire front portion of the house, which has been constructed by him, as the son of the opposite parties no. 5 & 6 suffers from some mental illness and is under treatment.

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It has been pointed out by the Tehsildar, Mohanlal Ganj, Lucknow that the house in question has two doors, one in the front and other at the back. There are roads/public ways both in the front of the house and at the rare end of the house, it would not be difficult for the opposite parties no. 5 & 6 to live in the rare portion of the house alongwith their son as they could easily access the public ways.

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The written instructions are kept on record.

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Let notices be issued to the opposite parties no. 5 & 6 both ways.

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The petitioner shall take steps both ways and file an affidavit of service within two weeks.

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List this case on 03.10.2024 within top ten cases on the board.

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In the meantime, pleadings be exchanged between the parties.

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Order Date :- 11.9.2024 Darpan Sharma

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Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

Diwakar Nath Trivedi v. District Magistrate , Lucknow and Others

Case brief

What is this about?

What did the court decide?

Diwakar Nath Trivedi v. District Magistrate , Lucknow and Others

Case brief

What is this about?

What did the court decide?

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