Neutral Citation Number is 2023/DHC/001599

IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on:03.03.2023

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W.P.(CRL) 1771/2022

RUSHALI KHERA

..... Petitioner

versus

STATE GOVT. OF NCT OF DELHI

& ORS.

..... Respondents

Advocates who appeared in this case:

For the Petitioner

: Ms. Ankita Priya and Mr. Akhil Sharma,

Advs.

For the Respondents

: Ms. Sonal Chauhan and Mr. Nishant

Chauhan, Advs. for Mr. Sachin Mittal, ASC.

SI Jeetendra Singh, PS – Mahendra Park.

Ms. Prabhsahay Kaur, Standing Counsel,

DDA with Mr. Arkaj and Ms. Shilpa Dewan,

Advs. for R-4 / DDA.

Mr. Sahil Sharma and Mr. Rakesh Wadhwa,

Advs. for R- 4 and 5.

CORAM

HON’BLE MR. JUSTICE AMIT MAHAJAN

JUDGMENT

1.

The present writ petition has been filed seeking the following

reliefs:

Digitally Signed

By:KAMALDEEP KAUR

Signing Date:03.03.2023

19:45:53

Signature Not Verified

Neutral Citation Number is 2023/DHC/001599

2.

Petitioner claims that the respondents, through illegal and

fraudulent means, have made false and fabricated documents. It is

claimed that Respondents Nos. 5 and 6 in connivance with DDA,

executed a registered Conveyance Deed dated 16.09.2014 (hereinafter

‘the impugned deed’) of the property bearing No. C-53, First Floor,

New Sabji Mandi, Azadpur, Delhi 110033 (hereinafter ‘the disputed

property’) in their favour.

3.

Petitioner claims that he was in possession of the disputed

property for almost 35 years but has been dispossessed by Respondents

Nos. 5 and 6, who are claiming to be the owners (on the basis of the

impugned deed).

4.

Petitioner filed a suit under Section 6 of the Specific Relief Act

against the Respondents Nos. 5 and 6 for recovery of possession of the

disputed property. The respondents filed a written statement and relied

upon the alleged forged documents, in support of their possession over

the disputed property. It is pointed out that the petitioner has also filed

Digitally Signed

By:KAMALDEEP KAUR

Signing Date:03.03.2023

19:45:53

Signature Not Verified

Neutral Citation Number is 2023/DHC/001599

an application under Section 340 Cr.P.C., alleging forgery, which is

pending consideration before the learned Trial Court.

5.

Learned counsel for the Petitioner submits that the Respondent

No. 4/DDA has issued the impugned deed on the basis of the alleged

forged and fabricated documents. He further submits that a

representation dated 28^th January, 2022 has been given to the Vice

Chairman of the DDA for cancellation of the Conveyance Deed dated

16.09.2014.

6.

Learned counsel further submits that petitioner has given Police

Complaint dated 11.02.2022 to the Deputy Commissioner of Police

(EOW) for registration of FIR. However, no action has been taken till

date.

7.

As noted above, the petitioner has already filed a civil suit in

relation to the possession of the disputed property and the same is

pending consideration before the concerned Civil Court. It is an

admitted fact that Respondents Nos. 5 and 6 are contesting the said suit

and have relied upon the alleged forged and fabricated documents in

support of their case.

8.

The Courts have time and again held that the remedy under

Article 226 of the Constitution of India is not to be invoked for the

purpose of adjudication of disputed questions of facts of such nature

which would require elaborate evidence to be adduced and may involve

the cross-examination of witnesses. Courts, while exercising

jurisdiction under Article 226 of the Constitution of India cannot annul

the registered document on the ground of fraud and misrepresentation.

The same are mixed questions of fact and law. The party always have

Digitally Signed

By:KAMALDEEP KAUR

Signing Date:03.03.2023

19:45:53

Signature Not Verified

Neutral Citation Number is 2023/DHC/001599

a remedy to approach the competent Civil Court and file an appropriate

suit for such relief.

9.

The Hon’ble Apex Court in Chairman, Grid Corporation of

Orissa Ltd