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Allahabad High Court

SHARADA DEVIversusTHE STATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court held that the compensation ordered under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be paid to the petitioner.

Summary

Sharada Devi filed a writ petition under Article 226 of the Constitution seeking compensation ordered under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioner alleged that despite an order dated 26 July 2024, no compensation had been paid by the State of Uttar Pradesh and other respondents. The High Court examined the petitioner's claim and the statutory provision mandating payment of compensation to senior citizens. It held that the compensation must be paid as per the earlier order. Consequently, the Court directed the Sub‑Divisional Magistrate of Mohammadabad, Ghazipur, to ensure payment within two months of the certified copy of the judgment. The petition was disposed with the direction to comply with the compensation order.

Issues considered

  • What is the scope of the High Court's jurisdiction under Article 226 to enforce a compensation order under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
  • Whether the respondents are liable to pay the compensation ordered on 26 July 2024 to the petitioner.

Legislation cited

Subjects

  • Article 226
  • Compensation
  • Maintenance and Welfare of Parents and Senior Citizens Act
  • Senior citizen rights
  • Writ petition
  • Enforcement

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 17792 of 2026

                                    Sharada Devi
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    The State Of U.P. And 7 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Anil Pratap Singh
                                    Counsel for Respondent(s)                    :   C.S.C.

                                    Court No. - 1
                                                     HON'BLE AJIT KUMAR, J.
                                                     HON'BLE INDRAJEET SHUKLA, J.

                                    1. Heard Shri Anil Pratap Singh, learned counsel for the petitioner and
                                    Shri Mukul Tripathi, learned Standing Counsel for the State respondents.

                                    2. By means of this petition filed under Article 226 of the Constitution of
                                    India, the petitioner wants payment of compensation amount as per order
                                    passed by the competent authority under Section 5(1) of the Maintenance
                                    and Welfare of Parents and Senior Citizen Act, 2007.

                                    3. It is submitted by learned counsel for the petitioner that till date no
                                    compensation has been paid.

                                    4. In the circumstances, we are disposing of the writ petition directing the
                                    Sub-Divisional Magistrate, Mohammadabad, District Ghazipur to ensure
                                    that the compensation stands paid to the petitioner in terms of the order
                                    26.07.2024. He will also take all possible measures to ensure to comply
                                    with the order dated 26.07.2024 within two months from the date of
                                    presentation of certified copy of this order.



                                                                       (Indrajeet Shukla,J.) (Ajit Kumar,J.)
                                    May 6, 2026
                                    S.P.




Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad


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