← Library
High Court of DelhiW.P.(CRL)/1460/2015

Om Prakash v. The State & ORS

2015-08-27Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1460/2015 & Crl.M.A.10079/2015 OM PRAKASH ..... Petitioner Through Mr.Surinder Kr., Adv. with Ms.Jyotsna Gupta, Adv.

versus THE STATE & ORS ..... Respondents Through Ms.Kamna Vohra, ASC.

ASI Naresh Kumar PS Aman Vihar

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 27.08.2015 The petitioner has come up before this Court seeking a direction to the police to register FIR against his landlord for having got the building demolished without giving any information to the petitioner who, according to his assertion, was on rent and was running a meat shop in the aforesaid premises.

The petitioner has stated that he has been a tenant in the demolished shop for around 16 years.

Some dispute had erupted during the period tenancy when the petitioner had to move before the competent authority under Delhi Rent Control Act and pursuant to the orders passed by the competent authority, the electric supply to the rented premises of the petitioner was restored in the year 2009.

Status report has been filed by the State wherein it has been stated that the building belongs to one Pushpa Devi.

The documents regarding her

ownership/title was verified by the police.

The statement of Pushpa Devi was also recorded. The police authority did not having any doubt about her being the actual owner of the property.

Aforesaid Pushpa Devi has made a statement that the petitioner had occupied one of the shops in the building but on accepting payment of Rs.1 lac, he had vacated the premises. Since the building was an old one, the same was demolished.

The assertion of the house owner has been denied by the petitioner. The statement that he vacated the premises on accepting a consideration amount is also denied.

Be that as it may, since it is a disputed question of fact, this Court would not like to go into such disputes.

The petitioner, if at all, is aggrieved, can pursue his remedies before the appropriate forum.

The petition is disposed of accordingly.

Dasti.

ASHUTOSH KUMAR, J AUGUST 27, 2015 ab