Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate
The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months. The Bench comprising of Justices Shashi Kant Gupta and Pankaj Bhatia directed the Magistrate to pass a "speaking and reasoned order" and further granted liberty the parties...
The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months.
The Bench comprising of Justices Shashi Kant Gupta and Pankaj Bhatia directed the Magistrate to pass a "speaking and reasoned order" and further granted liberty the parties to place the order before the Court, for further directions.
The order has come in a writ petition filed by Justice (Retd.) Anjani Kumar and his wife, alleging that the latter was the registered owner of the disputed house however, their son Chandan Kumar had illegally evicted them therefrom.
(Justice Kumar was elevated to the Bench as a Judge of the Allahabad High Court in April 2001 and served up till September 13, 2008)
Being senior citizens, they sought protection under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.
They sought the Court's assistance while submitting that even though the Legislature has enacted the aforesaid laws for protection of senior citizens, no mechanism has been provided for implementation of the orders passed thereunder.
Significantly, the state of UP adopted the Act of 2007 in September 2012. Under the Act, parents and senior citizens have the right to claim maintenance and protection from their children. As per Section 4 of the Act, the obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
Further, it provides for establishment of Tribunals at tehsil/sub- division level, to be presided a Sub-Divisional Officer, to implement the provisions of the Act. Furthermore, it provides for establishment of Appellate Tribunals at District level, to be presided over by an officer not below the rank of District Magistrate.
As the Court was informed that no authority had yet been established to implement the Act, it ordered thus:
"the District Magistrate shall proceed with the matter and decide the aforesaid application/ petition of the petitioners in accordance with law by a speaking and reasoned order after hearing the petitioners and the respondent no. 5 by touching all the issues raised by the parties within a period of two months from the date of receipt of the said application/petition. In case the petitioners feel aggrieved with the order of the District Magistrate, they are granted liberty to place a copy of the said order before this court for perusal of this court and for passing further orders."
Notably, the Court did not grant any interim relief. The matter is now listed for orders on February 8, 2021.
Case Title: Justice Anjani Kumar & Anr. v. State of UP & Ors.
Appearance: Advocate Tarun Agrawal (for Petitioners); Senior Advocate Anoop Trivedi with Advocate Ankush Tandon (for Respondent)
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