KRISHAN LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This letters patent appeal has been filed by the appellant aggrieved by the order dated 6.8.2004 in WP(C) 13108/2004. The writ petition was filed by the appellant seeking a restraint order against the respondent DDA from forcibly taking action and vacant physical possession of land stated to be known as Maya Devi Trust Pal Nursery behind Nirankari Mandir, Lajpat Nagar-II, New Delhi, admeasuring 5 bighas.

(2.) The learned Single Judge declined to entertain this petition in view of an earlier order passed on 27.7.2004 in Writ Petition (C) 12243/2004 on the ground that in case the appellant alleges that he has been dispossessed contrary to any interim orders of a competent Court, the remedy of the appellant is by filing contempt proceedings.

(3.) In order to appreciate the controversy, the order in Writ Petition (C) 12243/2004 dated 27.7.2004 would have to be considered. That writ petition was filed by the appellant herein on the ground that the DDA had requisitioned police force on 23.7.2004 for demolition/clearance/sealing operations in respect of encroachments including that of the appellant. The learned Single Judge found the petition "wholly frivolous petition". This conclusion was arrived at on the basis of certain facts in respect of the past history of litigation initiated by the appellant.