Petitioners seeking writ interference to restore possession of family property allegedly dispossessed by a son-in-law's relatives and direct police action. Court held the matter was essentially a civil dispute regarding family property and disposal of possession. No further directions given; petition disposed of.
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ASHOK KUMAR & ANR. .....Petitioners Through: Ms. Reenu Sharma, Advocate.
versus
THE STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Rahul Tyagi, ASC with SI Prem Prakash Singh, P.S.Okhla Industrial Area.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R % 04.09.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:50:16
they were forcibly dispossessed by respondent No.6 and his associates. They made two calls to the PCR on 11.08.2023 itself and thereafter, lodged a complaint in the Police Station on the same day as well as on 14.08.2023 and 12.09.2023.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:50:16
No.1 has stated that since she needed money for treatment of cancer of her husband, she had sold off the suit property to one Naresh Singh, Respondent No.6 for 31 lakhs. Petitioner No.2 has been seeking a share in the property and hence, has been making false allegations.
9. Submissions heard.
NEENA BANSAL KRISHNA, J
SEPTEMBER 4, 2024 rk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:50:16
3 issues framed by the court
Whether writ jurisdiction is appropriate to grant possession in a property dispute arising from family settlement
Whether police inaction necessitates writ intervention when correction is available through civil remedy
Whether the High Court should interfere in a matter the Status Report indicated was essentially a civil dispute
1 provisions across 1 enactments
Ashok Kumar & Anr.
State of NCT of Delhi & Ors.
Naresh Singh
Neena Bansal Krishna
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
