LEKHA KUMARI Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioners have come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 - police officials, to afford protection to the petitioners against illegal, culpable and violent conduct on the part of respondents 4 and 5. Petitioners 1, 3, 4 and 5 are siblings. 2nd petitioner is the daughter of the 1st petitioner. According to petitioners 1, 3, 4 and 5, their father owned properties. Before his death, he had executed settlement deeds - Exts.P1 and P2. THE petitioners have exclusive rights over 3 shop rooms. It is the case of the petitioners that respondents 4 and 5 are threatening the tenants in the property as also the petitioners. THE tenants have already vacated. THE petitioners are not being permitted to go to their property. THEir life and person is threatened by respondents 4 and 5. It is, in these circumstances, that the petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution of India.

(2.) RESPONDENTS 4 and 5 have entered appearance through a counsel. The learned counsel for respondents 4 and 5 submits that the parties are attempting to talk over the matter and settle the same. According to respondents 4 and 5, there is a lot of vagueness and uncertainty about the stipulations in the settlement deeds. RESPONDENTS 4 and 5 are waiting to settle the matter. If not, they shall approach the civil court to set aside the documents as the stipulations therein are not workable.

(3.) AS regards to the threat to the life of the petitioners, we do not perceive any such threat. We accept the submission of the learned Government Pleader on this aspect. The learned counsel for respondents 4 and 5 undertakes that respondents 4 and 5 shall not indulge in any culpable or violent acts against the petitioners.