Krishna Chandra v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 26739 of 2023 Petitioner :- Krishna Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Joveen Kumar Counsel for Respondent :- CSC Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Sri S.C.Upadhyay, learned Standing Counsel for the State-respondent.

¶2The writ petition was entertained on 20.9.2023 and this Court has passed the following order. "1. On the basis of instructions, learned counsel for the petitioner submits that complaint of the petitioner is already entertained by the Sub Divisional Magistrate concerned and the parties have already entered appearance in the said proceeding. He submits that some further time may be accorded so that fate of the said proceeding may be apprised on the next date of listing. On his request, the case is passed over for the day.

¶2Put up this matter again on 9.10.202a3 as fresh. "

¶3Thereafter, the matter was taken on 9.10.2023 and this Court has proceeded to issue notice to the respondent no. 3 with following observations. "1. Heard learned counsel for the petitioner and Mr. Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents.

¶2Issue notice to opposite party No.3 returnable within three weeks.

¶3Steps may be taken within three days.

¶4All the respondents prays for and are accorded three weeks' time to file response in the matter. Rejoinder affidavit, if any, may be filed within a week thereafter.

¶5Let the matter be listed on 08.11.2023, as fresh."

¶4In response to the earlier orders, learned Standing Counsel has placed the instructions dated 9.10.2023 appending therein the order dated 6.10.2023 passed by Sub Divisional Magistrate Sadar, Prayagraj, under Section 7(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 whereby claim of the petitioner has been rejected on the ground of maintainability.

¶5Considering the facts and circumstances of the case and in view of the order dated 6.10.2023, we are not inclined to keep the matter pending for consideration. Needless to say, it is always open for the petitioner to invoke the remedy as available in law.

¶6With the aforesaid observations, the writ petition stands disposed of. Order Date :- 11.12.2023 A.K.Srivastava High Court of Judicature at Allahabad