← Library
High Court of DelhiCRL.M.C./2019/2017

Anil Kumar v. State

2017-05-18Hon'Ble Mr. Justice A. K. Chawla2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2019/2017 & Crl. M.A. 8305/2017 (exemption) ANIL KUMAR ..... Petitioner Through Mr. Anjum Kumar, Adv.

versus STATE ..... Respondent Through Ms. Aashaa Tiwari, Addl. PP for State with SI Rajender Prasad, PS Maya Puri.

CORAM:

HON'BLE MR. JUSTICE A.K. CHAWLA

O R D E R

% 18.05.2017 By the instant petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of the order dated 6.2.2013 passed by the MM and the order dated 27.8.2016 passed by the ld. ASJ dismissing the revision preferred there-against.

In sum and the substance, it is the case of the petitioner that by virtue of the documents viz. Agreement to Sell, GPA, SPA, Will, Receipt, Possession Letter etc., the petitioner had purchased 47 1⁄2 sq. yds. of the property bearing no. B-10, Mayapuri Industrial Area, New Delhi from one S.M. Mahajan and continues to be in possession there as an owner. Cause for filing the complaint, which resulted in passing of the impugned orders, is that the respondent nos. 2 to 4, who are legal heirs of one of the partners of the original allottee namely M/s Vijay Industries have executed a Sale Deed of the property including

the portion of the petitioner, to another person namely Anil Kumar S/o Bansi Lal - respondent no.5.

Having considered the complaint and the impugned orders, I do not find any infirmity in the impugned orders.

Suffice to say, the petitioner is always at liberty to seek enforcement of the Agreement to Sell by way of specific performance or to secure protection of any of his rights, if any, and, when infringed, as may be available to him under law. Dismissed.

A.K. CHAWLA, J MAY 18, 2017/rc