Court No. - 3
Case :- WRIT - C No. - 23625 of 2020 Petitioner :- Mool Chandra Jaiswal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manish Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the State-respondents 1 to 4; and perused the record.
The petitioner claims that he is entitled to the benefit of the provisions of Welfare of Parents and Senior Citizens Act, 2007 and the Rules framed thereunder and taking recourse to the provisions of those rules and the Act, he has moved an application before the second respondent (District Magistrate, Prayagraj) on which no order has yet been passed.
The prayer in this petition is to direct the respondents to restore the possession of the property to the petitioner after evicting the respondent no.5, who is the son of the petitioner. In the alternative, the petitioner is seeking a direction upon the second respondent to take a decision on the application of the petitioner, in accordance with law.
As the application moved by the petitioner is still pending adjudication, without expressing any opinion on merits, we deem it appropriate to dispose off this petition by requiring the second respondent to take a decision on the application of the petitioner in accordance with law after giving opportunity of hearing to the respondent no.5, preferably, within a period of eight weeks from the date of filing of copy of this order.
Order Date :- 7.1.2021 Sunil Kr Tiwari