Court No. - 29
Case :- WRIT - C No. - 28220 of 2018 Petitioner :- Vikram Singh Sajwan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2.
The petitioner claims to be a Senior Citizen and wants protection of his life and property in accordance with the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
In pursuance to the direction issued by the High Court in an earlier writ petition, the District Magistrate has examined the dispute vide her order dated 25.04.2018 and she has directed that both the sons of the petitioner to pay Rs. 2000/- per month each as maintenance to the petitioner. In regard to the residence, it is noted that it belongs to the wife of the petitioner and that civil and criminal suits cases and the parties would abide by the decisions thereof.
The petitioner wants that the aforesaid order be modified.
If the petitioner wants modification in the said order, the appropriate remedy for him is to approach the District Magistrate.
Moreover, the aforesaid order was challenged by the petitioner in his writ petition bearing Writ (C) No.- 18384 of 2018 (Vikram Singh Sajwan Vs. State of U.P. and others) which was disposed of vide order dated 24.05.2018 with certain observations, but without disturbing the order of the District Magistrate.
In view of above, the present writ petition of the petitioner is a second petition for the same cause of action.
It is settled law that no one has a right to file successive writ petitions for the same cause of action.
Accordingly, we are of the opinion that the petition is totally misconceived and is not maintainable.
The writ petition is dismissed.
Order Date :- 23.8.2018 Nirmal Sinha