J U D G M E N T

The petitioners in the instant writ petition seek directions for declaration of the permission granted by respondent no. 1 to respondent no.2 for the use of property bearing property no. G-4, Gurudwara Road, Saket, New Delhi (hereinafter „disputed property‟) in question for commercial/non-residential use as illegal, and to restrain respondent no.2 from using the said property for other than residential purposes.

2. Shorn of unnecessary details, the facts necessary for deciding the controversy would reveal that the petitioners are residents of Gurudwara Road (hereinafter „GD Road‟), Saket, New Delhi. They seem to have a grievance with the manner of usage of the disputed property by respondent no.2. The petitioners state that respondent no.2 is running a hotel/guest house on above two floors of the said property by the name of Khanna Residency and has leased out the ground floor to HDFC Bank for running its branch. They also state that the disputed property abuts the 13 meters (40 ft 6 inches) wide road known as Gurudwara Road, Saket, which is different from the main Mehrauli- Badarpur Road (hereinafter „MB Road‟). It is stated that the ground floor of the disputed pro