Rehana Khattun v. State Govt Of NCT Of Delhi And Another

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 398/2025 REHANA KHATTUN .....Petitioner Through:

Mr.

Subhash Buddhi Raja and Mr. Nikhil Nagar, Advs.

versus STATE GOVT OF NCT OF DELHI AND ANOTHER .....Respondents Through:

Mr.

Rahul Tyagi, ASC with Mr. Sangeet Sibou, Adv. for State with Insp Satbir Singh PS Jaitpur

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 28.07.2025 CRL.M.A. 21448/2025 (Seeking condonation of delay in filing the restoration 1.

Through the present application, the petitioner is seeking condonation of delay in re-filing the accompanying application for restoration of the captioned writ petition.

2.

For the reasons stated in the application the present application is allowed and the delay of 22 days in re-filing is condoned. 3.

Accordingly, the application stands disposed of. CRL.M.A. 21447/2025 (restoration) 4.

Through the present application, the petitioner is seeking restoration of W.P. (CRL.) 398/2025.

5.

For the reasons stated in the application the present application is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

allowed and W.P.(CRL) 398/2025 is restored to its original number and stage.

6.

Accordingly, the application stands disposed of. W.P.(CRL) 398/2025 7.

Through the present petition, filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973), the petitioner has sought directions to the respondents for protecting her life and property bearing no. L-98, Part - I, Arpan public School, Jaitpur Extension, Badarpur, New Delhi - 110044.

8.

Learned counsel appearing for the petitioner submitted that the petitioner is a tenant in the aforesaid property of respondent no. 2 since last 12 years and has been paying regular rent to respondent no. 2. It is submitted that now the petitioner has purchased the aforementioned property from respondent no. 2. Despite the same, respondent no. 2 has been illegally pressurizing the petitioner to vacate the said property, without following the process of law. Further, respondent no. 2 has been threatening the petitioner for eviction and despite making police complaints against respondent no. 2 on dated 07.10.2022 and 18.10.2022, no action has been taken against respondent no. 2.

9.

It is also submitted that the petitioner had also filed a civil suit bearing no. 1694/2022 in which the Court concerned had passed an order dated 13.02.2023, wherein, respondent no. 2 has stated that he will not evict the petitioner without following due process of law. It is submitted that although respondent no. 2 had given an undertaking vide the abovementioned order, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

he is blatantly disobeying the same and has been illegally forcing the petitioner for eviction. Therefore, it is prayed that the reliefs, as prayed for, may be granted.

10.

At this stage, Mr. Rahul Tyagi, learned ASC, appearing for the State fairly submits that the petitioner, being a lady, ought to be protected and nobody is allowed to evict a person from a property without following the due process of law. He submits that SHO/Beat Officer of the concerned area will be sensitized and the petitioner shall be provided with the number of the SHO/Beat Officer, and she will be at the liberty to call the officer as and when she apprehends any threat to her life, liberty and property. 11.

Learned counsel appearing on behalf of the petitioner, on instructions, has no objection to the submission made by the learned ASC. 12.

Therefore, in view of the above facts and submissions, let the numbers of SHO/Beat Officer of PS - Jaitpur be provided to the petitioner in the due course of the day so that the petitioner may contact such concerned police officials in case of emergency.

13.

Needless to say that the petitioner is at liberty to approach the Court in case any grievance remains in future.

14.

It is made clear that this Court has not made any observations on the merit of the allegations made by the petitioner. 15.

The present petition is disposed of in above terms. AJAY DIGPAUL, J JULY 28, 2025 gs/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.