ALKA SUNEJA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking for following reliefs:-

(2.) Learned counsel for the petitioner would submit that respondent No. 4 is wife of brother of petitioner. Joint family property of petitioner was situated in Bhilai and Durg. During lifetime of petitioner's mother Smt. Nirmal Anand wife of Naseem Chand Anand, an agreement was executed on 1/5/2014 in the shape of 'family settlement' in which mother of petitioner was first party; respondent No. 4 was second party and petitioner was third party. As per agreement, property was divided amongst three parties to the agreement with their consent and satisfaction. Property fallen in the share of petitioner's mother was bequeathed to petitioner by her mother by executing Will Deed dtd. 13/10/2008. Said property was also mutated in the name of petitioner in records of municipal corporation. As part of joint family property bequeathed to petitioner is a shop and go-down situated at Ring Road, Camp-2, Bhilai, District Durg, which has become old and dilapidated, petitioner started repair and renovation work to which respondent No. 4 objected and started quarrelling. Respondent No. 4 also illegally trespassed the property in possession of petitioner misusing her power being a police official. Building material lying on said property was also thrown with the help of police staff. Petitioner submitted an application/complaint before respondent No. 2 and 3 against respondent No. 4, but they have not taken any action. Hence, relief as prayed for in this petition may be granted.

(3.) Heard learned counsel for parties and perused documents placed on record.