GIRRAJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure for issuance of a writ of mandamus seeking a direction to the respondents to place the petitioner back in possession of premises bearing No. C-27A, Greater Kailash Enclave-I, New Delhi from where he is alleged to have been forcibly dispossessed. The petitioner has also prayed for action/enquiry against the accused persons and errant police officials who are alleged to have conspired, colluded and connived in dispossessing the petitioner. The prayer clause of the petition is reproduced hereinbelow:-

(2.) The facts as stated by the petitioner are that he was in peaceful and exclusive possession of a vacant plot with one pucca room, a temporary tuck-shop and a temporary shed at C-27A, Greater Kailash Enclave-I, New Delhi. Petitioner alleged that he was in occupation of the aforesaid property with the express permission of respondent no. 6 and his local representative who is respondent no. 8.

(3.) Mr. S.D. Wadhwa, learned counsel for the petitioner stated that on the night intervening 13 th /14 th March, 2009, respondent nos. 8 and 9 in collusion with anti-social elements and local police officials not only dispossessed the petitioner but also abducted him to an unknown destination. Mr. Wadhwa further stated that the respondents thereafter not only demolished the petitioner's temporary tuck shop but also removed his articles from the aforesaid premises. Mr. Wadhwa reiterated that petitioner had been given the room in the aforesaid premises for residential purpose and also for running of the tuck shop in the year 2002-2003 by the predecessor landlord, Late Shri Hem Raj and the said permission was continued by respondent no. 6. He further stated that as the police officials refused to take action despite a number of complaints filed by the petitioner, the present writ petition had been filed.