BALJIT KAPOOR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order dated 7 September 1994 of the Deputy Commissioner of Police, Central District, Delhi, passed under section 33 of the Delhi Police Act, 1978. By this order the Deputy Commissioner of Police took possession of the shop premises bearing No. 79, Kamla Market, New Delhi, on his satisfaction that it was necessary in order to prevent or suppress any riot as he found there were certain differences between the petitioner claiming to be convener of Cooperative Corordinating Committee and Mrs. Premla Bai Chavan, President of All India Deaf& Dumb Society, which was one of the six societies of the Cooperative Coordinating Committee. It was noticed in the order that Mrs. Chavan complained that the petitioner broke open the lock of the shop premises with the help of some anti social elements and transferred its possession to some nearby shopkeeper after getting huge amount of money. It was also noticed that the petitioner continued to claim the ownership of the shop and did not allow Mrs. Chavan to operate her office from there and that both the parties were claiming possession over the shop premises which was reported lying locked for the. last several months and considerable tention existed over the ownership and title of the shop premises and that there was imminent danger of a riot.

(2.) There are six respondents, namely, (1) the Commissioner of Police; (2) Mr. P.N. Aggarwal, Deputy Commissioner of Police, Central District; (3) Assistant Commissioner of Police, Police Station Kamla Market; (4) Station House Officer, Police Station Kamla Market; (5) Smt. Suman Dondey, Honorary Secretary, All India Deaf & Dumb Society; and (6) Smt. Premla Bai Chavan, President, All India Deaf & Dumb Society.

(3.) The petitioner, thus, claims a writ, order or direction for quashing the aforesaid order dated 7 September 1994 and for a direction to the police authorities to remove the seal forthwith and to hand over the possession of the shop to him. This prayer has been opposed both by the police and the office bearers of All India Deaf& Dumb Society.