Allahabad High Court
Aditya Dutt And Another vs State Of U.P. And 3 Others on 13 November, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2024:AHC:177948-DB
Court No. - 40
Case :- WRIT - C No. - 11195 of 2024
Petitioner :- Aditya Dutt And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rajiv Kumar Singh,Shiv Veer Singh
Counsel for Respondent :- C.S.C.,Ravi Prakash Srivastava
Hon'ble Shekhar B. Saraf,J.
Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioners, Sri Dilip Kumar Kesharwani, learned Additional Chief Standing Counsel appearing on behalf of State respondents, Sri Prashant Singh, learned counsel appearing on behalf of respondent no.5 Union of India, Sri Ravi Prakash Srivastava, learned counsel appearing on behalf of respondent no.7 and perused the record.
2. The present writ petition has been filed seeking the following reliefs:-
"i. issue a writ, order or direction in the nature of mandamus appointing the petitioner no.1, namely Aditya Dutt S/o Late Bishun Dutt, as the guardian of his mother to protect his interest, administer bank accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of his mother and to use the proceeds towards medical treatment of his mother and family welfare expenses.
ii. issue a writ, order or direction in the nature of mandamus directing to the respondent no.2, 3 and 4 for deciding the representation of the petitioner no.1 dated 06.11.2023 for appointing the petitioner no.1 to the guardian of his mother for providing proper and effective medical treatment to the mother who is facing from the chronic disease of Hemi-paresis since last many years when father and elder brother were also alive which caused her to be physically and mentally handicapped and to permit the petitioner no.1 for disposing the immovable properties standing in the name of his mother in the present writ petition for using it in medical treatment and in day to day expenses for the welfare of the family whenever it required.
iii. Any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.
iv. Award the cost of petition in favour of the petitioners."
3. Pursuant to order dated 9.9.2024 passed by this Court, the Sub Divisional Magistrate, Dadri has filed a report before this Court which indicates that the mother of the petitioner namely Chetna Dutt (hereinafter referred to as 'CD') is in a state of comatose for the past 9 years. The report further states that regular expenditure is being made for the treatment of the mother of the petitioner. The relevant portion of the report is delineated below:-
"??? ???? ???????? ?????? ????? ???? ?????? 09.09.2024 ?? ?????? ?????? 6 ?? ???? ??? ???? ????? ??????? ??:-
???? ??????? ?? ???? ??????????? ?? ????? ????? ?? ?????? ???????? ???? ???, ?????? ???? ??? ?? ??????????? ?? ???? ??????? ????? ???? ?????? ?? ????? ???? ???? ???? ???? ?? ???? ???????? ??? ????????? ??, ????? ???? ????? ????? ?? ??? ?? ?????? ????/??? ?? ?????? ?? ???????? ????? ??? ??????????? ?? ???? ?? ??? ???? ?? ?????? ???? ???, ?????? ?? ??? ?? ????? ? ????? ?? ?????? ??? ???? ??? ???? ?? ??????? ???? ?????? ???? (?????) ?????? ????? ??? ?? ????? ??? ??- "???? ????????? ??? ???? ?????? ?? ???? ??? ???? ???? ???? ???? ?????? ???, ???? ?????? ???? ???? ????? ???? ???" ???? ?????? ???? ?????? ???????? ???? ??? ????? ??? ?? ??? ??? ?? ???? ?? ??? ?? ????? ??????? ??? ?????? ???? ?? ?? ??????? ????? ???? ?? ???? ??? ???? ?????? ???? ???? 65-70 ???? ????? ????? ??? ?? ?????? ???? ?? ??? ???
??? ?????? ?? ?? ??????? ?? ???? ?? ??? ???? ???????? ???????? ??? ????? ??? ?????? ?????? 11195/2024 ?????? ???? ??? ???? ???? ????? ?????? ????? ??? ???? ??? ??? ???? ???????? ?????? ????? ???? ?????? 09.09.2024 ?? ???? ??? ??? ????? ????? ????? ?? ???? ?????"
4. Counsel for the petitioner has also referred to a co-ordinate Bench judgment of this Court in Uma Mittal and 4 others Vs. Union of India and 5 others (Neutral Citation No.-2020:AHC:51862-DB), wherein under similar facts, the Court had granted the permission to the surviving heir to look after the affairs of the comatose victim. In light of the same, we are of the view that the prayers (i) and (ii) of the writ petition may be allowed.
5. Accordingly, we hereby appoint the petitioner no.1 being the son of CD as the guardian of CD, who is in comatose condition to carry out all the acts, deeds and things for the proper medical treatment, nursing care, welfare and benefit of CD and with powers to do all acts, deeds and things with respect to assets and properties of CD including; (i) operate bank accounts in the name of CD; (ii) deal with shares, bonds, debentures in the name of CD; (iii) invest the monies to earn optimum returns thereon; (iv) utilise the monies for proper upkeep and for fulfilling the needs of CD (v) represent the CD before all persons/authorities/bodies; (vi) sign wherever required as guardian of CD including for discharging any person/authority/body from duty/obligation/liability owed to CD (vii) take possession and charge of all properties movable or immovable to CD; (viii) take actions in law to protect interest of CD; (ix) sign all deeds, documents, cheques as guardian of CD.
6. With the above direction the writ petition is disposed of.
7. Needless to mention, the petitioner no.1 shall fulfill all conditions that may be required under the law for operation of bank accounts and any other activities being carried out by the petitioner no.1 on behalf of his mother, who is in comatose state.
Order Date :- 13.11.2024
Kpy
(Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.)
