Pushpa Agarwal vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

By the Court

The petitioner before this Court is a senior citizen and a 67 year old woman. She has some property dispute and another dispute with the private

respondents, who are related to her. Consequent to this, she has a threat perception at the hands of the private respondents. She has filed this writ

petition making following prayer:

“(i) to issue a writ order or direction in the nature of mandamus directing the respondent no. 2 & 3 to provide adequate security to the petitioner so

that she may spent her life peacefully and happily without any hindrance at the hands of respondent no. 4 to 7.â€​

A Division Bench of this Court passed the following orders on 15.06.2020:-

“Ms. Sakshi Singh, advocate for the petitioner.

Mr. J.S. Virk, additional government advocate takes notice for respondent nos. 1 to 3.

Heard petitioner’s counsel.

For the reasons assigned, the amendment application is allowed. In para no. 4 of the writ petition the word ‘elder son’ be deleted and the word

‘brother-in-law’ be substituted.

Petitioner to carry out the amendment and file amended petition within a week.

Issue notice to the remaining respondents.

Respondent no. 3 is directed to ensure that the petitioner leads a life in a normal manner without any threat from respondent nos. 4 to 7.

Call on 20.07.2020.â€​

The State has filed a counter affidavit saying that the dispute between the petitioner and the private respondents is purely related to property, etc.

and the petitioner is well within her rights to invoke the machinery provided to her by law, such as file a first information report or a complaint before

the concerned Magistrate.

We agree with the learned counsel for the State, but purely for the reason that the petitioner is 67 year old woman, she has already moved a

representation before the Senior Superintendent of Police, Udham Singh Nagar seeking protection and making allegations against the private

respondents, we direct the Senior Superintendent of Police, Udham Singh Nagar to dispose of the application/representation of the petitioner within

three weeks from the date a certified copy of this order is produced before him. It is also made clear that in case such an application/representation is

not traceable, the petitioner would be at liberty to file a fresh application/representation before the Senior Superintendent of Police, Udham Singh

Nagar, which shall be considered and disposed of in accordance with law.

With the directions as aforesaid, writ petition stands disposed.