Petitioner sought mandamus for eviction of his son and daughter-in-law from his house and protection from their harassment; representations to the District Magistrate remained pending. Court directed Standing Counsel to seek police instructions and listed the matter fresh.
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Court No. - 3
Case :- WRIT - C No. - 7639 of 2024
Petitioner :- Parmeshwar Deen Respondent :- State Of U.P. Thru. Dist. Magistrate Ayodhya And 4 Others Counsel for Petitioner :- Fakhruddin Ali Ahmad,Kunwar Abhimanyu Rana,Rakesh Kumar,Surendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This petition has been filed with the following main prayer:-
"(i) issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 & 3 to get evict the opposite party No. 4&5 from the house of petitioner and restrained them from harassing the petitioner."
It is the case of the petitioner that he is the father of opposite party no.4 and the father-in-law of opposite party no.5, who are the resident of the same house in which petitioner lives. Opposite party no.4 is of dubious character and the petitioner had also filed an affidavit disowning his son from his movable and immovable properties alongwith and application made to opposite party no.1/ District Magistrate, Ayodhya. Opposite party no.4 has performed the second marriage with opposite party no.5 and both of them harassed the petitioner and his wife. The petitioner has made representation to the District Magistrate, Ayodhya for protection. Such application remains pending.
Learned Standing Counsel shall seek instructions from
the SHO, Police-Station Poorakalendar, District Ayodhya with regard to any case is pending against opposite party no.4 in the family court and whether any recovery warrant has been issued against opposite party no.4.
List this case on 19.09.2024 as fresh.
(Brij Raj Singh, J.) (Sangeeta Chandra,J.) Order Date :- 5.9.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the court direct eviction of the petitioner's son and daughter-in-law from his house and protection from harassment?
Parmeshwar Deen
State Of U.P. Thru. Dist. Magistrate Ayodhya
Opposite Party No. 4
Opposite Party No. 5
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
4 orders share this CNR
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