Court No. - 40
Case :- WRIT - C No. - 18894 of 2021 Petitioner :- Mishri Lal @ Mishri Lal Bharti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankur Mehrotra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The petitioners are senior citizens. The respondent no.3 is daughter-in-law of petitioners and respondent no.4 is their son.
According to the petitioners, after retirement in the year 2020, the petitioners built a house at Village Kamalpur, Police Station Dhina, District Chandauli. With a view to grab the house, the respondent No.3 started misbehaving with the petitioners and, therefore, the petitioners requested their son (respondent no.4) to control his wife but, the petitioners were threatened of false implication. On 21.6.2021, the petitioners were forcibly thrown out of their own house, as a result, the petitioners moved an application before the District Magistrate (second respondent) and the Senior Superintendent of Police, Chandauli but no action has been taken so far.
Learned counsel for the petitioners submits that under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules 2014 framed by the State, the District Magistrate has an obligation to protect life and property of senior citizens and, therefore, the second respondent is under statutory obligation to take protective measures on the application of the petitioners.
Without expressing any opinion on the merits of the claim of the petitioners, considering the nature of the relief sought, we deem it appropriate to dispose of this petition by giving liberty to the petitioners to file a fresh application before the second respondent (District Magistrate, Chandauli) by enclosing therewith copy of the previous application submitted either to the District Magistrate or to the police authorities. If any such application is filed with a copy of this order, the District Magistrate, Chandauli shall get a notice served upon the respondent nos. 3 and 4 and, after holding an enquiry in the manner provided by the rules, take appropriate measure in accordance with law, preferably, within four weeks from the date of filing of such representation.
The petition stands disposed of.
Order Date :- 13.8.2021 sfa/