Suresh Kumari & ANR v. The Commissioner Of Police & ORS

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7260/2017 SURESH KUMARI & ANR ..... Petitioners Through:

Mr Dhananjai Rana and Ms Shweta Kumari Singh, Advocates.

versus THE COMMISSIONER OF POLICE & ORS ..... Respondents Through:

Mr Gautam Narayan, ASC with SI Inder Veer Singh.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.08.2017 CM No.30096/2017 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 7260/2017 3.

The petitioners have filed the present petition, inter alia, praying that directions be issued to the respondents to give effect to the circular dated 04.04.2016 and a reasonable rent certificate be issued. 4.

It is the petitioners' case that their property (which is located adjacent to P.S. Karawal Nagar) is occupied by the respondents and is being used as a malkhana. The grievance of the petitioners is that despite best efforts, no rent for the said premises (stated to be occupied by respondent no.3) has been fixed.

5.

Mr Gautam Narayan, learned counsel for the respondents states, at the

outset, that the possession of the premises in question was handed over to the petitioner on 17.08.2017 and the PS Karawal Nagar is no longer in occupation of the said premises.

6.

In the circumstances, the only controversy that would survive would be as to the quantum of rent, if any, payable by the respondents to the petitioners.

Plainly, the said question would involve examination into several disputed questions of fact and it would not be apposite to enter into such examination in these proceedings.

7.

In the circumstances, the present petition is disposed of with liberty to the petitioners to take such remedies for recovery of the amounts claimed by them as available in accordance with law.

VIBHU BAKHRU, J AUGUST 23, 2017 MK