Court No. - 3
Case :- WRIT - C No. - 24732 of 2020 Petitioner :- Jata Shankar Singh And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The petitioners are senior citizens. They are aggrieved by the conduct of their own children. Taking recourse to the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the State Rules, 2014 framed thereunder, an application has been filed by the petitioners before the District Magistrate, Varanasi which appears to be pending.
Seeking a direction upon the District Magistrate, Varanasi to take decision on the said application and to evict the respondents 6 to 9 this petition has been filed.
We have heard Sri Saurabh Srivastava for the petitioners, learned Standing Counsel for respondents 1, 2 and 3, Sri Ravi Prakash Pandey for respondent no.4 and Sri Rakesh Pande, senior counsel, assisted by Sri Neeraj Rai for the respondents 5 to 9.
Considering the nature of the prayer made, we do not consider it necessary to invite counter affidavit from the respondents as a decision on the application of the petitioners is yet to be taken by the District Magistrate, Varanasi (the competent authority). Rather, we deem it appropriate to dispose off this petition by providing that the District Magistrate, Varanasi shall take a decision on the application of the petitioners, expeditiously, preferably within a period of four weeks from the date of filing a copy of this order, after giving opportunity of hearing to the parties concerned. It is made clear that we have not expressed any opinion on the merits of the claim of the petitioners.
The petition stands disposed off. Order Date :- 5.1.2021.
Rks.