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2026 DAILYLAW 6249 (RAJ)

KAILASH NARAYAN VERMA S/O LATE SHRI BALABUX v. SANJEEV VERMA S/O KAILASH NARAYAN VERMA

CW/11967/2022 · 2026-04-10

Sameer Jain

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:15206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11967/2022 1. Kailash Narayan Verma S/o Late Shri Balabux, Aged About 75 Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony) Mahal Road, Jagatpura, Jaipur, Presently Residing At Flat No. 705, Bhavya Green Apartment, Ramnagariya, Jagatpura, Jaipur. 2. Smt. Chandrakala Verma W/o Kailash Narayan Verma, Aged About 73 Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony) Mahal Road, Jagatpura, Jaipur, Presently Residing At Flat No. 705, Bhavya Green Apartment, Ramnagariya, Jagatpura, Jaipur. ----Petitioners Versus 1. Sanjeev Verma S/o Kailash Narayan Verma, Aged About 48 Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony) Mahal Road, Jagatpura, Jaipur. 2. Smt. Manju Verma W/o Sanjeev Verma, Aged About 44 Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony) Mahal Road, Jagatpura, Jaipur. At Present Working At Office Of Assistant Director Of Prosecution, Kota, Room No. 68, First Floor, Collectorate Bhawan, Collectorate Campus, Nayapura, Kota. ----Respondents For Petitioner(s) : Mr. R.N. Mathur, Sr. Adv. Assisted by Mr. Utkarsh Dubey with Mr. Kailash Narayan Verma, present in person For Respondent(s) : Mr. Amit Kuri with Mr. Dharma Ram Mr. Sanjeev Verma, respondent in person Ms. Manju Verma respondent present in person HON'BLE MR. JUSTICE SAMEER JAIN Judgment 10/04/2026 1. The present writ petition has been filed invoking the extraordinary jurisdiction of this Court enshrined under Article 226 [2026:RJ-JP:15206] (2 of 4) [CW-11967/2022] of the Constitution of India, assailing the impugned orders dated 28.03.2022 and 09.06.2022. 2. The matter at hand pertains to a family dispute. It is pertinent to note that petitioner Nos.1 & 2 are husband and wife, and are senior citizens aged about 78 and 76 years respectively, who are suffering from age-related ailments. 3. It is contended by learned counsel for the petitioners that the petitioners are the rightful owners of the property situated at B-42, Ashish Vihar (RBI Colony), Mahal Road, Jagatpura, Jaipur, (hereinafter referred to as ‘property in question’) and the said fact is corroborated by Annexure-3. It is submitted that the impugned orders granted petitioners the rightful possession to peacefully reside in the said property. 4. It is submitted that the respondents-son and daughter-in-law have deliberately frustrated the enforcement of the said orders. It is alleged that the respondents have encroached upon the property in question by parking their vehicles and placing other movable valuables and articles in the said premises. It is next submitted that the said act of the respondents are depriving of the senior citizens-petitioners qua the peaceful use and enjoyment of their own residence. 5. Today, when the matter was called, the petitioners and the respondents, have marked their appearance before the Court. 6. The respondents-son and daughter-in-law have submitted that they are primarily residing at Kota, and their current residence in Jaipur is distinct and separate from the property in question. The respondents have categorically stated that none of their vehicles or personal articles are presently kept at or inside [2026:RJ-JP:15206] (3 of 4) [CW-11967/2022] the property in question. Moreover, it is undertaken by the respondents that if any of their belongings are mistakenly found at or inside the said premises, they are completely ready and willing to remove the same forthwith. The respondents also expressed their goodwill, praying for the long and healthy life of their parents. 7. Having heard the arguments advanced by learned counsel for the parties, this Court takes note of the fact that the respondent-parties have themselves undertaken not to interfere with the property in question. Therefore, no substantive grievance remains to be adjudicated by this Court. 8. However, considering the advanced age and ailing health of the petitioners, and to ensure that the constitutional provisions of life and liberty as enshrined under Article 21 of the Constitution of India are safeguarded, this Court deems it appropriate to issue protective directives in favor of the petitioners. 9. In light of above, the concerned SHO, Police Station Ramnagaria, Jagatpura, and the concerned Circle Officer are directed to ensure that the property in question i.e., B-42, Ashish Vihar (RBI Colony), Mahal Road, Jagatpura, Jaipur, be kept in the peaceful and uninterrupted possession of the petitioners. It is further directed that in case of any unauthorized articles or vehicles belonging to the respondents are found encroaching upon the said property, the same shall be removed immediately. 10. Moreover, to instill a sense of security and ensure the protection of the life and liberty of the senior citizens-petitioners, the concerned SHO is directed to deploy one police [2026:RJ-JP:15206] (4 of 4) [CW-11967/2022] guard/personnel at the subject property for a period of seven days from the date of receiving certified copy of this order. 11. Accordingly, the present petition stands disposed of. Pending application(s), if any, shall stand(s) disposed of. (SAMEER JAIN),J JKP/s-253