The Court emphasized that complaints by senior citizens must be handled with sensitivity and directed the police to reopen an investigation and summon parties under Section 64 BNSS if harassment persists despite prior undertakings.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate penal action on the representation of the petitioner dated 25.02.2026 within a stipulated time as that may be fixed by this Court.

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 3 herein to take appropriate action on the representation of the petitioner dated 25.02.2026 within a stipulated time as that may be fixed by this Court.

2. The learned counsel for the petitioner submitted that the 4th respondent is the son-in-law, and the 5th respondent is the son of the petitioner. The 4th and 5th respondents allegedly conspired to unlawfully seize the petitioner’s house and landed property, forcefully compelling the petitioner to register a title deed in favor of the petitioner’s brother. In this regard, the petitioner lodged a complaint on 25.02.2026, which was not attended to. Hence, this writ petition has been filed.

3. The learned Government Advocate submitted that an enquiry was conducted, and the complaint was closed after obtaining an undertaking from the 4th and 5th respondents, in which they assured that they would never disturb the peaceful possession and enjoyment of the petitioner’s house and other landed properties. The complaint was closed after recording this undertaking.

4. However, the learned counsel for the petitioner submitted that the disturbance is still continued.

5. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondents, notice to them is dispensed with.

6. Considering that the petitioner is a senior citizen, it is the considered opinion of this Court that the third respondent police should deal with the petitioner’s complaint in a more sensible and sensitive manner. Although the learned Government Advocate submitted that the petitioner’s complaint was properly enquired into and, based on the written undertaking given by the 4th and 5th respondents, as well as the petitioner’s statement on 07.01.2026 expressing willingness to withdraw the complaint against them, the complaint was closed, it is seen that the petitioner continues to face troubles by the 4th and 5th respondents.

7. In order to ensure that the petitioner can live peacefully in his twilight years, the third respondent police is directed to reopen the complaint, summon the petitioner and the 4th and 5th respondents under Section 64 BNSS, and, if the petitioner’s complaint is found to be true, register an appropriate case against the private respondents.

8. With the above directions, this writ petition is disposed of.

10.04.2026

NCC : Yes / No Index : Yes / No

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