Amita v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8763 of 2025 ====================================================== Amita, W/o- Santosh Kumar Baghel, Resident of House No. 4, Ganesh Enclave, Koni (CT), District- Bilaspur, District- Chhatisgarh, Pin Code495009. ... ... Petitioner.
Versus
1.
The State of Bihar through the Chief Secretary, Home Department, Govt. of Bihar.
2.
The Principal Secretary, Home Department, Govt. of Bihar. 3.
The Principal Secretary, Social Welfare Department, Govt of Bihar, Patna. 4.
The Director, Social Welfare Department, Govt. of Bihar, Patna. 5.
The Director General of Police, Govt. of Bihar, Patna. 6.
The Commissioner, Magadh Division, Patna.
7.
The District Magistrate, Gaya.
8.
The Superintendent of Police, Gaya.
9.
The SDO, Gaya, Dist- Gaya.
... ... Respondents.
====================================================== Appearance :
For the Petitioner :
Mr. Bijay Shankar Choubey, Advocate.
For the State :
Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 12-09-2025 In the instant writ petition, petitioner has prayed for the following relief(s):
"i. For issuance of appropriate Writ/Writs, Order/Orders, Direction/Directions in the nature of Writ of mandamus directing to the respondent authorities of State for implementation of the "Maintenance and welfare of parents and senior Citizens Act 2007" in letter and spirit which is not
Patna High Court CWJC No.8763 of 2025 dt.12-09-2025 2/3 being implemented in the State especially in the District of Gaya and the aim and objects of the said act is about to vanish and the fundamental right of the aggrieved persons are being infringed due to the inaction on the part of the respondent as they are deprived from their fundamental right as enshrined under Article 19 and 21 of the constitution of India as the right of the road is a part of the constitutional right to life of every citizen.
ii. For issuance of appropriate Writ/Writs, Order/ Orders, Direction/Directions in the nature of Writ of Mandamus directing to the respondent authorities to take a effective measures for implementation of the "Maintenance and welfare of parents and senior Citizens Act 2007" which is not being positively implemented in the State of Bihar especially in the District of Gaya and the old citizen of the State are compelled to move here and there for their right under the act.
iii. For issuance of a writ of Mandamus directing the respondents to protect life, liberty and property of the persons aggrieved under "Maintenance and welfare of parents and senior Citizens Act 2007", in order to safeguard their human dignity, as it is the duty of the State to take all necessary steps in order to safeguard the fundamental rights of its citizens.
iv. And as for the other necessary relief in the facts and circumstances of the case stated
Patna High Court CWJC No.8763 of 2025 dt.12-09-2025 3/3 hereinafter."
2. Perusal of the pleadings, there is no specific relief(s) sought in the instant writ petition. Relief is in generalization like giving effect to "Maintenance and Welfare of Parents and Senior Citizens Act, 2007". Not even a specific provision has been cited to the extent that the concerned authority is required to take note of and redress the grievance. In the absence of these material information, the instant writ petition is hopelessly drafted.
3. Accordingly, instant writ petition stands dismissed with cost of Rs.5000/- (Rupees Five Thousand). Cost shall be remitted in the Lawyers' Association Welfare Benevolent Fund, Indian Bank, Branch-LNMI, Bailey Road, Patna, IFSC No.IDIB000L501 having Bank Account No.7801893276, within a period of eight weeks from today.
(P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.09.2025.
Transmission Date NA