SHAKUNTALA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amritansh Vats, learned counsel for the petitioner, Mr. Binit Chandra, learned counsel for the State and Mr. P.K. Mukhopadhyay, learned counsel for respondent nos. 6 and 7.

(2.) This writ petition has been filed for direction upon the Deputy Commissioner, Lohardaga and Sub-Divisional Officer, Lohardaga to pass an appropriate order for evicting the respondent nos. 6 and 7 from their house situated at Village- Kuru, District- Lohardaga house built over Khata No.335, Plot No.240, Mouza- Kuru, District- Lohardaga in conformity with the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act read with relevant provisions of Jharkhand State Maintenance and Welfare of Parents and Senior Citizen Rules, 2014. The further prayer is made for direction upon respondent nos. 1 and 2 to grant protection to the petitioner and restrain respondent nos. 6 and 7 from interfering in the life of the petitioner as well as property.

(3.) Learned counsel for the petitioner submits that the petitioner is aged about 73 years having three sons, namely, Kamal Prasad, Nawal Prasad and Nandan Prasad. He further submits that the petitioner is suffering from various ailments like high Blood Pressure, Diabetes, hearing problem etc. He then submits that the petitioner is living at her house built over Khata No.335, Plot No.240 of Mouza- Kuru having area about 8 decimals since several decades which is registered in her name and she is the sole absolute owner of the said property. He refers Annexure-1 series which are photo copies of revenue records of the property. He also submits that the petitioner was staying in her house with her two sons namely Kamal Prasad (respondent no.6) and Nandan Prasad (respondent no.7) and both are married and they are staying with their wives and children. He submits that when the petitioner became very old, by taking advantage of the same, both of her sons started misbehaving and mentally torturing her in greed of property and income earned by her through rent. Respondent nos. 6 and 7 continuously misbehaved and abused the petitioner and in view of that, the petitioner moved before the Deputy Commissioner, Lohardaga by filing a representation dtd. 14/11/2022. He submits that a proceeding under Sec. 107 Cr.P.C. was initiated by the Court of the Sub-Divisional Magistrate, Lohardaga. He further submits that the petitioner filed a complaint dtd. 11/1/2023 before the Sub-Divisional Officer, Lohardaga raising her grievances to the effect that she has been thrown from her own house by her two sons and due to which she has to live with her third son, namely, Nawal Prasad. The allegations are made that the petitioner was continuously assaulted and mentally tortured by respondent nos. 6 and 7 and they want to take control over the rental income of the petitioner. He submits that the petitioner has also initiated a proceeding under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 being Case No.01 of 2023. He submits that in this background, the present writ petition has been filed. He then submits that vide order dtd. 22/6/2024, considering the age of the petitioner, the direction was issued to respondent nos. 6 and 7 to handover the keys of two rooms to the petitioner and further vacate the shop rooms in question and handover vacant possession of the same to the petitioner within a week. He submits that thereafter vide order dtd. 29/7/2024, the district administration as well as the Secretary, DLSA, Lohardaga were directed to comply the said order. He submits that under Sec. 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the power is there with the Deputy Commissioner to protect the life and property of the petitioner. He further submits that pursuant to the last order, report has been received, whereby, it has been disclosed that keys of two rooms etc. has been handed over to the petitioner, however, the respondents have trespassed in one of the shop by way of breaking wall of the shop.