Chief Justice's Court
Case :- WRIT - C No. - 1756 of 2019 Petitioner :- Munni Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
The petitioner an old lady of 70 years has preferred this petition for writ to have a direction for District Magistrate, Kanpur Nagar to consider and decide the application submitted by her as per provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The application, as per the averments contained in the petition for writ was submitted on 24th July, 2018.
While considering this petition for writ, it would be worthwhile to notice that Chapter II of the Act make its obligatory for children to maintain their parents and senior citizens. In the event of failure to discharge the obligations as per Section 4 of the Act of 2007, a senior citizen including parents may submit an application for maintenance and also to have a right for residence with other necessary amenities.
The U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 prescribes complete procedure for adjudication of the application submitted by a senior citizens and parents and also prescribes duties and powers of the District Magistrate. Rule 21 of the Rule of 2014 prescribes such duties and powers. Chapter VI of the Rules of 2014 vests the senior citizens including parents to have protection of life and property and for that purpose a complete action plan is required to be made by the Officers referred in the Rule aforesaid.
The entire scheme of the Act of 2007 and Rules framed thereunder indicates that the intent of legislature is to protect senior citizens and parents from the stress of society and also to have adequate protection in old age. Such pious object is required to be ensured by the Officers responsible for that at earliest.
In the case in hand as already stated, the application was filed by the petitioner in the month of July, 2018 and that is yet pending consideration before the District Magistrate. The circumstances of the case certainly demands expeditious disposal of the application by the District Magistrate, Kanpur Nagar.
In view of whatever stated above, we deem it appropriate to dispose of this petition for writ by directing the District Magistrate, Kanpur Nagar to decide the application preferred by the petitioner at earliest as far as possible within a period of six weeks from the date the petitioner presents a certified copy of this order before him. The District Magistrate while disposing of application shall adhere the procedure prescribed under the Rules of 2014.
Order Date :- 22.1.2019 Bhaskar (Chandra Dhari Singh, J.) (Govind Mathur, C.J.)