Omkar Dhar Dubey And Anr. vs State Of U.P.Thru Prin.Secy.Home ...
2018 Latest Caselaw 2916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- MISC. BENCH No. - 27223 of 2018
 
Petitioner :- Omkar Dhar Dubey And Anr.
 
Respondent :- State Of U.P.Thru Prin.Secy.Home And 5 Ors.
 
Counsel for Petitioner :- Amit Kumar Singh,Akash Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shabihul Hasnain,J.

Hon'ble Rajesh Singh Chauhan,J.

On the basis of instructions, learned Standing Counsel has informed that case of the petitioner has been taken and cognizance has been taken by the Maintenance Tribunal and some steps have been taken.

The S.H.O. of Police Station-Aliganj has been informed that the petitioners, who are senior citizens, are not harassed in any manner. The petitioners have stated that they have received message from the Circle Officer, Sri Dipak Kumar, in which, it has been stated that the respondent Nos.5 and 6 would not be evicted from the house in question and for eviction of the respondent Nos.5 & 6, the petitioners should approach the Civil Court.

We find that there is a provision in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for providing more effective mechanism to ensure maintenance and welfare of parents and the senior citizens as recognized under the Constitution of India.

In view of the above, the petitioners may approach the Maintenance Tribunal once again for taking cognizance under the said Act as well as in the light of the Division Bench judgment of Delhi High Court rendered in LPA No.783 of 2017, CAV No.1058 of 2017; Shadab Khairi & another vs. The State & others decided on 22.02.2018.

List this case in the next week as fresh.

Learned Standing Counsel may also advise the officer concerned with regard to the latest judgment of Delhi High Court.

Order Date :- 27.9.2018

Suresh/

[Rajesh Singh Chauhan,J.] [Shabihul Hasnain,J.]