Prayagraj: The Allahabad High Court has granted liberty to a former judge to file a plea before District Magistrate, Prayagraj with regards to a plea of Retired Judge alleging illegal eviction from his house.
A divisional bench comprising Justice Shashi Kant Dubey and Justice Pankaj Bhatia has further directed the District Magistrate to decide the matter in accordance with law by a speaking and reasoned order after hearing both the parties within a period of 2 months.
The petition has been filed by Justice Anjani Kumar alleging that the petitioners (Retired Judge and his Wife) have been illegally evicted from their house seeking direction to restore the possession of the property.
Advocate Tarun Agrawal appearing for the petitioners submitted that the petitioners are senior citizens whereas, petitioner no. 1 is a former Judge of the Allahabad High Court, and petitioner no. 2 is his wife. He further submitted that the petitioners have been illegally evicted from their house.
The counsel further submitted that the name of Justice Anish has also been recorded in the record of the Nagar Nigam, Pryagraj, and the respondent has no right to evict the petitioners forcefully.
The bench further noted that the “…court has not expressed any opinion on the merits of the case and the concerned authority has to take a decision on its own merits and the parties are free to raise all the issues before the District Magistrate.”
Read the order here;WRICA-7677-2020