VINAYAK PRABAL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The writ petition was moved on 17/9/2025. Mr. Udai Chandani, learned advocate appearing on behalf of petitioners had submitted, petitioner no.2 is mother of petitioner no.1, who is grandson of petitioner no.3. Private respondent no.4 is son of petitioner no.3, husband of petitioner no.2 and father of petitioner no.1. Challenge in the writ petition is against, inter alia, orders dtd. 11/3/2025 and 7/8/2025, both made by respondent no.2 (the Sub-Divisional Magistrate). Submission was, the orders were made purportedly as empowered by Sec. 23 in Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in favour of private respondent no.4. Thereby his clients face imminent eviction. Hence, interference is sought.

(2.) Mr. G.C. Tiwari, learned advocate, Standing Counsel appears on behalf of State. Mr. Amit Pratap Singh, learned advocate appears on behalf of private respondent no.4. He submits, respondent no.3 resides with her brother and not with other petitioners. His client is present in Court. He was under wrongful custody of petitioners. A passage from paragraph-2 of earlier order dtd. 17/9/2025 bearing record of submissions is reproduced below.

(3.) Today Mr. Chandani relies on view taken by a Larger Bench of this Court at Lucknow in Onkar Nath Gaur and another vs. District Magistrate/President Appellate Tribunal Lko. and 2 others. The view came on judgment dtd. 27/5/2025. It was on a reference. The questions are reproduced below.