KRISHNA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amol Kumar,Advocate assisted by Sri Shivanshu Mishra, learned counsel for the petitioner, Sri Vidyabhushan Pandey , learned counsel for the opposite party, Sri S.P.Singh, learned Standing Counsel for the State.

(2.) By means of the instant writ petition, the petitioner has prayed for quashing of the impugned order dtd. 22/11/2019 passed by the learned District Magistrate, Sultanpur, vide appeal No. 1333 of 2019 and Computer Case No. D 2019046800133, titled as 'Kallumal and another Vs. Krishna Kumar', while exercising powers under Sec. 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

(3.) The factual matrix of the case is that on 16/7/1971, the grandfather of the petitioner namely late Ramdhani purchased a part of land of Gata No. 179 having area, 2 Biswa vide sale deed, from Ram Dulare and Shiv Dulare, both sons of Jagrup, in favour of the opposite party no. 4 and thereafter, the rest part of the same Gata admeasuring 2 Biswa was purchased by the father of the petitioner on 17/7/1971, out of the income of the Hindu Undivided Family(HUF), in favour of his younger son, who was minor at that period of time and thus, the same was purchased under the guardianship of his father. After purchase of aforesaid land, the grandfather of the petitioner constructed a house over the said land with the earning of HUF and was living in the same house. In between, the younger brother of opposite party no. 4 expired and thus, the property owned by late Om Prakash was divulged to opposite party no. 4 and the children of opposite party no. 4, in equal shares. The private opposite parties have three sons and two daughters namely Rajendra Prasad, Krishna Kumar, Janardan, Sushila and Anjali. The widow of Rajendra Prasad re-married after the death of Rajendra Prasad and is living with her husband,whereas the minor son born out of the wedlock of Rajendra Prasad and Savita Devi is residing with the petitioner.