Rajasthan High Court – Jaipur
Kailash Narayan Verma S/O Late Shri … vs Sanjeev Verma S/O Kailash Narayan Verma … on 10 April, 2026
[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
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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
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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
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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
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