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2023 Supreme(All) 992

SHREE PRAKASH SINGH
Krishna Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amol Kumar, Shivanshu Mishra
For the Respondent: C.S.C., Piyush Pathak, R.P.Shukla, Sharad Pathak, Sukhdeo Singh, Vidya Bhushan Pandey

JUDGMENT :

1. Heard Sri Amol Kumar, Advocate assisted by Sri Shivanshu Mishra, learned counsel for the petitioner, Sri Vidyabhushan Pandey, learned counsel for the opposite party, Sri S.P.Singh, learned Standing Counsel for the State.

2. By means of the instant writ petition, the petitioner has prayed for quashing of the impugned order dated 22-11-2019 passed by the learned District Magistrate, Sultanpur, vide appeal No. 1333 of 2019 and Computer Case No. D 2019046800133, titled as ‘Kallumal and another Vs. Krishna Kumar’, while exercising powers under section 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

3. The factual matrix of the case is that on 16-07-1971, the grandfather of the petitioner namely late Ramdhani purchased a part of land of Gata No. 179 having area, 2 Biswa vide sale deed, from Ram Dulare and Shiv Dulare, both sons of Jagrup, in favour of the opposite party no. 4 and thereafter, the rest part of the same Gata admeasuring 2 Biswa was purchased by the father of the petitioner on 17-07-1971, out of the income of the Hindu Undivided Family(HUF), in favour of his younger son, who was minor at that period of time and thus, the same was purchas

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