Court No. - 40
Case :- WRIT - C No. - 33799 of 2021 Petitioner :- Om Prakash Jaiswal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
The present petition is filed seeking a direction upon respondents to decide the application, dated 15th July, 2021 filed under Section 22(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is submitted by the counsel for the petitioner that petitioner is a senior citizen and his son and daughter-in-law have ousted him from his own house and as such the petitioner is seeking protection under the Act of 2007 and in this respect an application has been filed by him before the District Magistrate concerned. It is also submitted by the learned counsel for the petitioner that despite pendency of the application for substantial period of time, the District Magistrate has not passed any order on the aforesaid application and the petitioner is suffering.
Learned Standing Counsel on behalf of the respondents submits that the District Magistrate shall pass appropriate orders on the application of the petitioner at the earliest.
In view of the aforesaid, it is hereby directed that the District Magistrate, Kushinagar, shall pass appropriate order on the application, dated 15th July, 2021 of the petitioner under Section 22 (2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within a period of two months from the date of production of a certified copy of this order.
It goes without saying that before passing order on the application of the petitioner, the District Magistrate shall afford an opportunity of hearing to the respondent nos. 4 & 5.
The writ petition stands disposed off in the aforesaid terms.
Order Date :- 20.12.2021 Ranjeet Sahu