MAGGHU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Gauri Shankar Maurya, the learned counsel for the petitioner, Shri Ashutosh Srivastava, the learned Standing Counsel for the State and Shri Shobh Nath Pandey, Advocate who has filed vakalatnama on behalf of the respondent No.5, which is taken on record.

(2.) By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the opposite party No.2-Collector/ District Magistrate, Ayodhya to protect the life and property of the petitioner bearing Plot No.102 Ka measuring 0.0740 hectare situated in Village and Post- Netwari Chaturpur, Pargana- Paschim Rath, Tehsil- Bikapur, Ayodhya under Sec. 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as Maintenance Act 2007) and Rule 21 of U.P. Maintenance and Welfare of Parents and Senior Citizens Rules 2014 (hereinafter referred to as the Maintenance Rules). The petitioner has also sought a writ of mandamus commanding the authorities to provide necessary police protection to the petitioner for maintaining law and order on the spot.

(3.) It has inter alia been pleaded in the writ petition that Plot No.102 Ka measuring 0.0740 hectare situated in Village and Post- Netwari Chaturpur, Pargana- Paschim Rath, Tehsil- Bikapur, Ayodhya was recorded in the revenue records in the name of Radhey Shyam, Rajaram, Sitaram etc. as cosharers and Bhoomidhars with transferable rights. The petitioner - Magghu Ram and his wife Smt. Jaikala Devi had purchased a plot of land measuring 40 ft. X 40 ft. from the aforesaid Plot No.102 Ka through a registered sale deed dtd. 4/7/2005 executed by Sitaram and Rajaram, sons of Late Shankar. It is important to note that the petitioner himself has pleaded that Plot No.102 Ka was recorded in the names of "Radhey Shayam, Rajaram, Sitaram etc." and except Rajaram and Sitaram, the other co-tenure holders and co-sharers had not executed the sale deed in favour of the petitioner and his wife.