- (1.) This writ petition, inter alia, has been filed for the following reliefs: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.1 to ensure the payment of maintenance allowance to the petitioner as per the order dated 16-04-2018 passed by the Maintenance Tribunal/Sub Divisional Magistrate, Sadar, Allahabad in case no. 5 of 2017 under section 4 of 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007' within stipulated time fixed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to take appropriate action and decide the representation of the petitioner dated 19-1-2019 (Annexure No. 5 to the writ petition) within stipulated time fixed by this Hon'ble Court."
(2.) The petitioner is mother of respondent nos. 5 and 6. It appears that she has filed an application before the Sub Divisional Magistrate for maintenance. By order dated 16.04.2018, the Sub Divisional Magistrate had passed the order directing the respondent nos. 5 and 6 to pay maintenance of Rs. 9,000/- per month to the petitioner. Against the aforesaid order dated 16.04.2018, the respondent nos. 5 and 6 preferred an appeal before the District Magistrate, which is still pending.
(3.) By order dated 08.04.2019, the learned Standing Counsel was directed to seek the instruction in the matter. On the basis of instruction, learned Standing Counsel states that since the appeal is pending before the District Magistrate, the maintenance order could not be executed.;