Court No. - 29
Case :- WRIT - C No. - 41105 of 2019 Petitioner :- Mauli Singh Respondent :- State Of U P And 6 Others Counsel for Petitioner :- S.P.K. Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
The dispute in this petition is regarding the properties left behind by Larence W. Admoned, who probably had two wives, namely, Smt.Prema Jyoti and Smt.Sanjiwani Preeti. It is alleged that from her first wife, he had a son, Prince David and from the second wife, a son Peter Imanual Admoned and a daughter Dorethy Admoned.
It is alleged that David Andriyas and her wife Smt.Nirmala Andriyas had manipulated to obtain a registered document dated 30.3.2012 in their favour so as to misappropriate the entire properties left behind by Larence W. Admoned, inasmuch as, his other heirs and legal representatives as mentioned above are in one way or the other disabled and are incapable of managing their affairs and the properties.
The petitioner, therefore, wants that the aforesaid sale-deed be cancelled and appropriate legal criminal action be taken against respondent No.7-Nirmala Andriyas only as David Andriyas is already dead.
The petitioner, prima facie, has no locus standi to maintain this writ petition as she is in no way connected with the family of Larence W. Admoned and has no legal right to inherit or otherwise to get the properties left behind by him or which belongs to his surviving heirs and legal representatives.
In view of the facts and circumstances, especially, in view of the physical and mental condition of the heirs of the aforesaid Larence W. Admoned, though the writ petition at the behest of the petitioner is not maintainable, we direct the respondent No.2-Collector, Gorakhpur, to hold an enquiry at his own level with regard to the disabilities and in-capabilities, if any, of the heirs and legal representatives of Larence W. Adamoned, and if necessary, to take appropriate action for their treatment and help in accordance with the provisions of the Mental Healthcare Act, 2017 of any other law in force. At the same time, he is also directed to hold a separate enquiry into the properties left behind by him, which may have devolved upon his heirs and legal representatives and to take necessary steps for the protection of the same so that they may not be misappropriated by any third-party, either the petitioner or even respondent No.7-Smt. Nirmala Andriyas, in any manner and report to this Court within three months.
The writ petition stands disposed of, accordingly.
Order Date :- 17.12.2019 LN Tripathi