Allahabad High Court
BIRESH KUMARversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court dismissed the writ petition, granting the petitioner liberty to file a proper application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Summary
Biresh Kumar filed a writ petition before the Allahabad High Court seeking a mandamus directing the State of Uttar Pradesh and other respondents to pass a reasoned order on a representation dated 23‑24 June 2025 and to provide full protection of his dignity, life, liberty and property. The petitioner also requested that the court order the respondents to comply with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. After hearing arguments, the petitioner’s counsel asked that the petition be dismissed, allowing the petitioner to file a proper application before the appropriate authority under the Act. The Court accepted this prayer, dismissed the writ petition and granted liberty to move a fresh application under the 2007 Act. Consequently, the petition was dismissed with liberty as prayed.
Issues considered
- Whether the writ petition for mandamus directing a reasoned order is maintainable.
- Whether the petitioner is entitled to protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- Whether the petition should be dismissed with liberty to file a proper application under the Act.
Legislation cited
Subjects
- writ petition
- mandamus
- maintenance act
- senior citizens
- protection of dignity
- dismissal
- procedural liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 20657 of 2025
Biresh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Harish Chandra, Sanjay Kumar Nigam
Counsel for Respondent(s) : C.S.C., Uttam Singh
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the parties and perused the record.
2. Present writ petition has been filed, inter-alia, with the following prayers:-
"A. To issue a writ, order or direction in the nature of mandamus
commanding the respondent No.2 for passing the reasoned,
logical, rational and speaking order upon the representation
dated 23/24.06.2025 (Annexure No.1) on merits in accordance
with law in the interest of the justice.
B. To issue a writ, order or direction in the nature of mandamus
commanding the respondent No. 1 to 4 for providing to the
petitioner full protection of their dignity, their life, their liberty
and their property in the interest of justice."
3. After some arguments, prayer has been made by learned counsel for the
petitioner to dismiss the present petition with liberty to move a proper
application before the concerned competent Authority as per the provisions
contained under Maintenance and Welfares of Parents and Senior Citizens
Act, 2007 and the relevant Rules.
4. Prayer is allowed.
5. Accordingly, the writ petition is dismissed with liberty as prayed.
September 18, 2026
Gaurav Kuls
(Vivek Saran,J.) (Prakash Padia,J.)
Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad
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