Mukut Mani Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Social Welfare U.P. Lko. and 3 Others

Allahabad HC15 Oct 2024WRIC/8853/2024

Case brief

AI extract

What is this about?

Writ petition challenging an SDM's eviction order under the Senior Citizens Act upheld by the District Magistrate in appeal. Court noted precedent holding such authorities lack eviction powers, took up the matter for consideration, set a counter-affidavit timetable, and stayed the eviction until further orders.

What did the court decide?

Eviction pursuant to the order dated 05.08.2024 affirmed on 23.09.2024 stayed until further orders.

Mukut Mani Singh vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 8853 of 2024

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Petitioner :- Mukut Mani Singh

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Social Welfare U.P. Lko. And 3 Others Counsel for Petitioner :- Pankaj Kumar Tiwari,Kartik Rawat,Rajendra Pratap Singh

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Counsel for Respondent :- C.S.C.,Vijayendra Prakash Tripathi

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Hon'ble Pankaj Bhatia,J.

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1. Shri Sanjay Tripathi, Advocate has made an oral mention/prayer that the present petition, which is likely to be listed before this Court and heard tomorrow, may be called and appropriate order may be passed today itself considering the exigency that the police authorities are adamant to evict the petitioner.

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2. Thus, considering the exigency, the present petition has been called for and is being taken up today itself.

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3. Heard, learned counsel for the petitioner and Shri Vijayendra Pratash Tripathi, learned counsel for the caveator.

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4. Present petition has been filed challenging the order dated 05.08.2024 passed by Sub Divisional Magistrate, Sarojni Nagar, Lucknow in Case No.5717 of 2024 in purported exercise of power under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as well as the order dated 23.09.2024 passed by the District Magistrate in Case No.3092 of 2024 whereby the appeal was dismissed and the order dated 05.08.2024 was affirmed.

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5. The neat contention of learned counsel for the petitioner is that in terms of the judgment of this Court in the case of Abhiesh Tiwari and Anr. v. State of U.P. & Ors. (Writ - C No.30835 of 2021) decided on 31.05.2022 , the SDM has no power of eviction under the Senior Citizens Act.

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6. Considering the said judgment wherein it was held that in terms of the Act, the authority do not have power to pass any eviction order, the matter requires consideration.

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7. Learned counsel for the caveator is granted three weeks' time to file a counter affidavit.

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8. Two weeks thereafter is allowed to the petitioner to file a rejoinder affidavit.

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9. List after six weeks.

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10. Until further orders, the eviction in pursuance to the order dated 05.08.2024 as affirmed vide order dated 23.09.2024 shall remain stayed.

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11. Learned Standing Counsel is directed to communicate this order to the authorities concerned who are proceeding to execute the said order.

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Order Date :- 15.10.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Mukut Mani Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Social Welfare U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Mukut Mani Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Social Welfare U.P. Lko. and 3 Others

Case brief

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What did the court decide?

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