This order dismisses a writ petition where the petitioner sought an injunction and protection. The court found the dispute was about property and that the petitioner resides peacefully with her son, negating the need for further directions.
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SHANTI DEVI ..... Petitioner Through: Mr.B.S.Chowdhary & Ms.Chitra Goswami, Advocates
versus
THE STATE GOVT (NCT) OF DELHI & ORS ..... Respondents Through: Mr. R.S.Kundu, A.S.C. for the State with Mr.Vishesh Wadhwa, Advocate
CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R % 19.01.2016
a) To issue an appropriate direction(s) and order in the nature of writ of mandamus to the respondent Nos.1 to 3 to restrain the respondent Nos.4 to 6 not to create any nuisance and hindrance against the petitioner as well as to protect the petitioner’s life and limb at the hands of respondent Nos.4 to 6. 2. Status report has been filed by the State wherein it is reported as under:-
“During the course of the investigation, it came to notice that Smt.Shanti Devi has two sons namely Tirath Ram and Satya Narayan and one daughter Rama. All three are married. Her elder son namely Tirath Ram left the country and reportedly settled in Germany for more than 30 years. His wife Meena Kumari and two sons namely Sunil and Rajesh had already expired/passed away due to illnesses. Shanti Devi W.P.(CRL) 2724/2015 Page 1 of 3
found to be living with her younger son namely Satya Narayan at her ancestral permanent house i.e. H.No.-384/385, Julaha Basti, Village Burari, Delhi along with other family members since marriage. Photo Ids of Shanti Devi & her son Satya Narain found to be of same house were obtained & Shanti Devi is living with family members of her son regularly & peacefully as her photograph taken in investigation proves that.
As the plot in question measuring 120 sq.yards out of Khasra No.527/11 (0-2-8) in Lal Dora Village Burari is vacant piece of land bounded by wall of 2 ft in height. At spot no sign of jhuggi etc./debris/water supply/electricity/sanitation found there. However both parties are claiming their ownership over the plot in question but exact location need to be verified through Tehsildar/Kanungo of Revenue department.
Besides allegations of abuse & castiest remarks the claim of ownership over alleged plot & allegation of house trespass, mischief, threat etc. are being probed in detail.
Beat staff of P.S. Burari has been briefed on the safety aspects of the complainant and the complainant has been provided a mobile phone bearing number 9540901964 along with “MAY I HELP YOU” scheme card of Delhi Police with contact numbers of police officials in the case of any emergency or help.”
W.P.(CRL) 2724/2015
Page 2 of 3
the real dispute is about the Jhuggi. The petitioner is residing with her son in a house not in a Jhuggi or in open at a different place. In fact in the garb of the writ of mandamus the petitioner is trying to seek an injunction order restraining the respondents not to create any nuisance which is not substantiated by the material on record.
PRATIBHA RANI, J.
JANUARY 19, 2016 ‘pg’
W.P.(CRL) 2724/2015
Page 3 of 3
SHANTI DEVI
THE STATE GOVT (NCT) OF DELHI & ORS
PRATIBHA RANI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
