Karunesh Singh Pawar, J. - (1.) Heard Sri Himanshu Raghav, learned counsel for the petitioner, Sri Rakumar Singh, learned counsel for respondent no. 1, and Sri Manish Mishra, learned counsel for respondent no. 2 and 3.
(2.) Through this writ petition the petitioners are praying following relief:- (i) Issue an appropriate writ, order or direction thereby holding the omission to make any provision for enabling by State Government the restoration of property of senior citizens lost in deceptive transactions, ultra vires to Sub-section (2) of Section 22 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007; (ii) Issue a writ, order or direction in the nature of mandamus or likewise thereby directing the State Government to restore the amount of money lost in the execution of fraudulent sale deed dated 15.01.2016 (Annexure No. 3) after recovering the same from the private opposite parties.
(3.) Brief facts of the case are that the petitioners are couple and senior citizens. The petitioner no. 2 retired in the year 2015 as driver from Public Works Department and as such he got certain post retiral dues. One Naresh Chand sold a piece of land measuring 0.096 hectare from gata no. 365 situated in Village Mohammadpur Kala vide registered sale deed dated 15.01.2016. Consequently, his name came to be mutated in the revenue record. Thereafter opposite party no. 2 sold a piece of land measuring 0.243 hectare from gata No. 1262 situated at Village Chunka, Pargana and Tehsil Mohmoodabad, District Lucknow vide registered sale deed dated 15.01.2016 to petitioner no. 1 and on the basis of the said sale deed name his name was mutated in the revenue record on gata no. 1262.;