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2025 DIGILAW 339 (SC)

Usha Tiwari v. State Of Uttar Pradesh

2025-01-20

AHSANUDDIN AMANULLAH, PANKAJ MITHAL

body2025
ORDER : 1. Heard learned counsel for the petitioner. 2. The writ petition filed by the petitioner was dismissed by the High Court by the impugned order and the cost of Rs. 50,000/- (Rupees Fifty Thousand only) was directed to be paid not only by the petitioner but also by the respondent No.5-the son of the petitioner. 3. The petitioner alone is aggrieved by the imposition of cost and it is submitted that she is a poor lady and it is next to impossible for her to bear the said cost. 4. The aforesaid cost imposed upon the petitioner has been directed to be utilized for the benefit of senior citizens who are not getting maintenance accordingly, the Collector has been directed to deposit the said amount in a bank account maintained for the purpose. The aforesaid cost is not for the benefit of any party to the proceedings. 5. After having gone through the impugned judgment and order, we are of the opinion that there is no error or illegality on the part of the High Court in dismissing the writ petition but the imposition of cost upon the petitioner in the facts and circumstances is not justified keeping in mind that she is an old lady with meagre means probably suffering harassment at the hands of her children. 6. Accordingly, the cost of Rs. 50,000/- (Rupees Fifty Thousand only) imposed upon the petitioner is hereby deleted and the impugned judgment and order of the High Court is modified to that extent. 7. The Special Leave Petition stands disposed of. Pending application(s), if any, shall stand disposed of.