SUJAN ANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case has been taken up for hearing through video conferencing. The present petition has been filed under Article 482 Cr.P.C. for issuance of appropriate directions to the respondents for taking appropriate legal action against such persons who are forcibly trying to take possession of petitioner's industrial plot bearing No.1818, measuring 450 square meters, situated in Rai Industrial Area at District Sonepat and have been issuing continuous threats to her life and liberty, as also for issuing direction to the respondents to round up & marking over the plot; and click photographs qua its present status/ possession or in the alternative to appoint police personnel at the plot so as to ensure protection from forceful trespassing. AVIN KUMAR 2022.02.11 15:27 I attest to the accuracy and authenticity of this document.

(2.) Succinctly, petitioner's husband Rajiv Gulati was the sole proprietor and owner of firm namely M/s U and R Manufacturers and Exports. The Haryana State Industrial Development Corporation (for short, 'HSIIDC') had conditionally allotted one industrial plot to the said firm but due to the terminal medical condition of petitioner's husband, the firm could not fulfill the conditions of allotment, as a result of which the plot was later on resumed by HSIIDC. Accordingly, decision of resuming of plot was challenged by way of filing Civil Writ Petition No.10352 of 2008, which was disposed of by this Court vide judgment dtd. 27/10/2009 (Annexure P-

(3.) per their rates and choices. Besides, they have also threatened to burn the vehicle of the petitioner parked inside the plot. Due to the aforesaid threats, petitioner moved a representation dtd. 5/10/2021 (Annexure P-5) to the Chief Minister, Haryana for protection of her property pursuant to which OSD to Chief Minister, vide letter dtd. 5/10/2021 passed a written order intimating Chief Minister's desire for registration of FIR and taking of necessary action against the accused persons and also, for providing report of the same within a period of 15 days. Petitioner approached the office of respondent No.3 - Superintendent of Police, District Sonipat and produced the copy of letter dtd. 5/10/2021 but no action has been taken on the same till date. Not only this, one Chanchal Gulati claiming to be the wife of her late husband, with an intention to grab the property, alongwith her associates, got one false FIR dated 0597 dtd. 21/10/2021 (Annexure P-8) registered under Ss. 420, 465, 467, 468, 471 IPC, Police Station Rai, District Sonipat, against the petitioner. As the threats and apprehensions of grabbing the property did not stop, the petitioner sent another representation dtd. 18/11/2021 (Annexure P-9) to respondent Nos.2 to 4 but till date neither the petitioner has been called for recording any statement nor any prosecution has been launched pursuant to her complaints. In compliance of order dtd. 9/12/2021, status report by way of an affidavit dtd. 21/1/2022 duly sworn by Vipin Kadiyan, HPS, DSP (HQ) Sonipat has been filed on behalf of the respondents. While relying upon the contents of Status report, learned counsel for the respondents-State has submitted that the present petition is liable to be dismissed. The afore-mentioned FIR came to be registered on the AVIN KUMAR 2022.02.11 15:27 I attest to the accuracy and authenticity of this document.