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Rajasthan High Court · body

2019 DIGILAW 1615 (RAJ)

Mohini Devi v. State of Rajasthan

2019-05-22

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT 1. The petitioner has preferred this writ petition for the following reliefs:- "(a) by an appropriate writ, order or direction, the representation dated 05.4.2019 (Annex.3) may kindly be allowed in toto and the respondents may kindly be directed to provide appropriate police protection to the petitioner during the period of raising construction at the premises at House No. 2999, Bhaiya Pada, Jaisalmer and use the same as way for walking in and out of the house. (b) by an appropriate writ, order or direction, the letter dated 22.02.2019 (Annex.4) passed by the respondent No. 3 may kindly be declared illegal, be quashed and set aside." 2. The petitioner has preferred this writ petition on the count that when she went to raise construction on her premises, she received letter dated 22.02.2019 (Annex.4) wherein SHO, P.S. Kotwali, Jaisalmer stated that the petitioners property i.e. House No. 2999, Bhaiya Pada, Jaisalmer has certain issue with persons belonging to a particular community and, therefore, the petitioner should make necessary construction only if the demonstrators in-question give consent to such construction. 3. Mr. Karan Singh Rajpurohit, learned Additional Advocate General, appearing submits that the letter dated 22.02.2019 on the basis of which apprehensions is being raised by the petitioner is a forged one and such a letter has not been issued by the Authority concerned. Learned AAG further assures this Court that inquiry/ investigation has been initiated by the Police Department as regard who is author of that document. Learned AAG further submits that if the petitioner makes any construction/renovation/repairs etc., in accordance with law, then she shall be given proper protection by the SHO, P.S. Kotwali, Jaisalmer and appropriate steps shall be taken to ensure that no law and order problem arises. Learned AAG has produced status report dated 20.5.2019 received from the office of Dy. SP Circle Jaisalmer, which is taken on record. 4. In light of assurance given by learned Addl. Advocate General and the status report dated 20.5.2019 submitted today, this Court deems it appropriate to dispose of the present writ petition with a direction to the respondents to ensure that proper inquiry/ investigation is made and completed regarding issuance of letter dated 22.2.2019 (Annex.4). Further, necessary police protection shall be given to petitioner while making construction/renovation/repairing her property strictly in accordance with law.