BIPRAJI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking direction to the District Magistrate, Azamgarh to demolish the illegal encroachment made over the petitioner's adjoining land and hand over the possession in favour of the petitioner.

(2.) The petitioner claims to be a widow lady having no source of protection of life and liberty and, as such, has moved an application under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, to the District Magistrate, Azamgarh, to take action in respect of the land of the petitioner and to evict the private respondent no.5 from the land in question. The application filed by the petitioner before the District Magistrate, Azamgarh is filed by the petitioner as Annexure 1 to the writ petition. A bare perusal of the above-mentioned application of the petitioner before the District Magistrate would demonstrate that it is the case of the petitioner that she is residing at Mumbai along with her family and is permanent resident of the village in which the land in question is situated. It is also stated by the petitioner that during the absence of the petitioner from the village, the neighbour of the petitioner being respondent no 5 has illegally taken possession of the land of the petitioner adjoining the residence of the petitioner in the village and post- karia gopalpur, Police Station-Devgaon, District- Azamgarh, Uttar Pradesh.

(3.) Heard learned counsel for the petitioner and learned standing counsel for the respondent-State.