Disposed¶19

Rajmani Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lko. and 5 Others

Allahabad HC11 Feb 2025CRLP/9594/2024

Case brief

AI extract

What is this about?

Senior citizen protection writ; mandamus for police protection of life and property under Rule 22(1), U.P. Maintenance and Welfare of Parents and Senior Citizen Rules 2014; non-compliance of protection order dated 10.01.2025 by respondent nos. 5 and 6; direction to S.P., District Amethi for strict compliance; alternate remedy under Maintenance and Welfare of Parents and Senior Citizens Act, 2007; representation dated 18.11.2024; Allahabad High Court, Lucknow Bench; disposed of finally.

What did the court decide?

Direction to the Superintendent of Police, District Amethi to ensure strict compliance of this Court's order dated 10.01.2025; petitioner left free to avail appropriate remedy under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Petition disposed of finally. ¶19

Rajmani Singh Chauhan Vs State of U.P. Thru. Secy. Home Deptt. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a mandamus should issue directing opposite parties no. 2 and 3 to protect the life and property of the petitioner in light of Rule 22(1) of the U.P. Maintenance and Welfare of Parents and Senior Citizen Rules, 2014, restrain respondent nos. 5 and 6 from harassment, and hand over the petitioner's property. +2 more

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Court's answer

The Court directed the Superintendent of Police, District Amethi to ensure strict compliance of the order passed by this Court on 10.01.2025 (which had provided protection to the petitioner).

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Ratio / Principle

The petitioner may also avail appropriate remedy under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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Detailed headnote1 paragraphs

Writ petition (Criminal Misc. Writ Petition No. 9594 of 2024) filed by a senior citizen seeking a mandamus directing opposite parties no. 2 and 3 to protect his life and property in light of Rule 22(1) of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizen Rules, 2014, to restrain respondent nos. 5 and 6 from harassing him and to hand over his property, and to act on his representation dated 18.11.2024. Counsel for the petitioner pointed out that an order dated 10.01.2025 had already been passed providing protection, with a copy directed to the SHO, Police Station Amethi, yet respondent nos. 5 and 6 were not permitting him to live in the house. The State contended that an alternate remedy was available under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court disposed of the petition, directing the Superintendent of Police, District Amethi to ensure strict compliance of the order dated 10.01.2025, while observing that the petitioner may also avail appropriate remedy under the 2007 Act.

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Neutral Citation No. - 2025:AHC-LKO:8817

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Court No. - 14

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9594 of 2024

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Petitioner :- Rajmani Singh Chauhan Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 5 Others

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Counsel for Petitioner :- Ravi Shankar Mishra

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Counsel for Respondent :- G.A.,Suresh Chandra Srivastava

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed today by learned counsel for the petitioner is taken on record.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.

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This writ petition has been filed with the following prayers:-

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(i) to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 and 3 to protect the life and property of the petitioner in the light of Rule 22 (1) of Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizen Rule 2014 and restrain the opposite party no. 5 and 6 and others from making the illegal harassment of the petitioner and to hand over the property of the petitioner to the petitioner forthwith, in the interest of justice.

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(ii) to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 and 3 to take appropriate action on the representation dated 18.11.2024 made by the petitioner contained in Annexure No. 1 to this writ petition within a period as fixed by this Hon'ble Court, in the interest of justice.

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(iii) Issue any other writ, order or direction which this Hon'ble Court may deep fit and proper under the circumstances of the case.

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(iv) Allow the writ petition with costs in favour of the petitioner.

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It is submitted by learned counsel for the petitioner that an order was passed on 10.01.2025 providing protection to the petitioner

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and copy of the order was also directed to be sent to the Station House Officer, Police Station Amethi, District Amethi through S.P. for strict compliance even though respondent nos. 5 and 6 are not permitting him to live in the house.

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Learned counsel for the respondent as well as learned A.G.A. for the State contended that alternate remedy is available to the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, therefore petitioner be directed to avail appropriate remedy from the aforesaid tribunal.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., perusal of record, the provisions as contained in the aforesaid Act, 2007 and the order passed by this Court dated 10.01.2025, it is expedient to direct the Superintendent of Police, District Amethi to ensure strict compliance of order passed by this Court on 10.01.2025 and the petitioner may also avail appropriate remedy under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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Accordingly, this petition is disposed of finally.

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Order Date :- 11.2.2025 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Rajmani Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Rajmani Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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