1 D.B. Habeas Corpus Writ Petition No.3755/2008 Smt. Durga Kanwar. vs. State of Rajasthan & Ors. Date : 4.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr.MS Purohit, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner, daughter of corpus Smt. Sayar Kanwar, has submitted this habeas corpus petition with the allegations that the petitioner's mother is widow and after the death of petitioner's father – Kan Singh, she started living permanently with the petitioner. Udai Singh is father of respondents no.4 to 7 and he was elder brother of the petitioner's father. The petitioner placed on record certain documents to show that the petitioner's mother was living with her. According to the petitioner, a will was executed in her favour by Smt. Sayar Kanwar on 13.6.1989 with respect to her residential plot no.123 situated in Fauji Colony, Nokha and she made another will in respect of agricultural land on 22.11.1995 in which the petitioner was given 1/3rd share. The petitioner has also been appointed general power of attorney vide power of attorney dated 31.1.1997. The petitioner is the only 2 daughter of Sayar Kanwar and who has no male child. The petitioner also submitted that because of dispute between the respondents no.4 to 7, FIR No.260/06 was registered at Police Station, Nokha for offence under Sections 447, 379, 143 IPC wherein the respondents no.2 to 7 are accused. A revenue suit was filed which has number 2/99. In para no.8 of this petition, it is stated that Smt.Sayar Kanwar has been forcibly kept (taken away) by the respondents no.2 to 7. It is also stated that Smt.Sayar Kanwar is mentally sick and she is not in position to make any transaction independently. However, in the petition, it is mentioned that there is one sale deed executed by Smt. Sayar Kanwar in respect of residential plot in favour of one Himmat Singh and said plot is in possession of the petitioner where she is living. The petitioner has placed on record the sale deed dated 10.3.2008. With these allegations, it is stated that Smt. Sayar Kanwar is in illegal confinement of the respondent no.4 to 8. From perusal of the above facts along with the documents referred above, it is clear that it appears to be a case of family dispute or dispute with respect to claim over the property only. The petitioner even did not disclose from which year, Smt. Sayar Kanwar is not with her and the petitioner only mentioned that Smt. Sayar Kanwar has been kept forcibly by the 3 respondents no.4 to 7. No F.I.R. was even lodged by the petitioner before approaching this Court and nor she approached any authority. That also supports the view that the matter is not as projected by the petitioner. The petitioner will be free to move or avail appropriate remedy for establishing her right and by moving the police authorities for taking appropriate action in case, she has any apprehension. We do not find any reason to believe that there is any iota of evidence about illegal confinement of Smt.Sayar Kanwar for want of material particulars. In view of the above, this habeas corpus petition, having no merits, is hereby dismissed. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya