Court No. - 40
Case :- WRIT - C No. - 18807 of 2021 Petitioner :- Sudama Prasad Respondent :- State Of U P And 6 Others Counsel for Petitioner :- P.K. Upadhyay,Ajay Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The petitioner claims himself to be a retired employee and a senior citizen who purchased a plot of land vide sale-deed 16.05.2011 to construct a 3-room accommodation. It is stated that out of love and affection towards his children, the petitioner executed a Will but soon after the execution of the Will, the behaviour of his son and daughter-in-law turned cruel towards the petitioner, as a result of which, he got the Will cancelled. After the cancellation of the Will, the petitioner was forcibly evicted from his own property by the respondent nos.6 and 7 in respect of which the petitioner moved an application before the Superintendent of Police, Hapur as well as the District Magistrate, Hapur which remains unattended.
By invoking provisions of Rules 21 and 22 of the U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, the petitioner has applied to the second-respondent (District Magistrate, Hapur) for restoration of his possession.
Considering the facts of the case, we deem it appropriate to dispose of this petition by directing the District Magistrate, Hapur to conduct an enquiry at his level and, by exercising powers vested in him under the 2014 Rules, take appropriate measures, as may be justified in law, after giving opportunity of hearing to the respondent nos.6 and 7, expeditiously, preferably, within a period of two weeks from the date of filing a copy of this order in his office. To effect the service of notice on the respondent nos.6 and 7, the District Magistrate may take the help of local police so that the proceeding directed above vide this order be not delayed.
It is made clear that we have not expressed any opinion on the merit of the claim of the petitioner.
With the aforesaid observations and directions, the writ petition is disposed of.
Order Date :- 12.8.2021 SK