WPMS/2325/2021
2021 Latest Caselaw 4491 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
          ON THE 10TH DAY OF NOVEMBER, 2021
                                 BEFORE:
        HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

              Writ Petition (M/S) No. 2325 of 2021

 BETWEEN:
        Smt. Abida Khan & others.                        .....Petitioners
        (By Mr. Dharmendra Barthwal, Advocate)


 AND:
        Prescribe Authority & others.                 ....Respondents
        (By Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand)



                              JUDGMENT

Maternal grandfather of the petitioners has filed an application under Section 5 (1) (a) & (b) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before Prescribed Authority/S.D.M., Haldwani, District Nainital. Prescribed Authority has issued notice to the petitioners and according to the petitioners, they have filed their objection against said application.

2. By means of this writ petition, petitioners have sought the following relief:

"I. Issue Writ of mandamus or any other appropriate Writ, Direction or Order and be pleased to allow the petition and be further pleased to quash and set aside the proceedings instituted by respondent no. 1 and 2 as against the petitioner's no. 1 to 3 Vide case of Hameeda Khan vs Aabida and Others and case of Liyakat Hussain vs Aabida and Others."

3. It is admitted position that no order adverse to the interest of the petitioners has been passed as yet. Thus, in the humble opinion of this Court, any

interference in the matter at this stage would be uncalled for.

4. Accordingly, writ petition fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Navin