$~100 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CRL.M.C. 642/2026 MOHIT DUNGA .....Petitioner Through: Mr. Jayant K. Sud, Sr. Advocate with counsel (appearance not given).

versus SUB DIVISIONAL MAGISTRATE & ORS .....Respondents Through: Ms. Shubhi Gupta, APP for the State.

Ms. Iti Aggarwal, SDM, Rajouri Garden, District West via video-

conferencing.

Mr. Lal Singh Thakur, Ms. Aditya Mishra, Mr. Ankush and Ms. Kavya, Advocates. CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.01.2026 CRL.M.C. 642/2026 CRL.M.A. 2549/2026 (interim protection)

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 („BNSS‟) read with Article 227 of the Constitution of India, the petitioner impugns Preliminary Order dated 17.01.2026 passed by the learned Sub-Divisional Magistrate, Rajouri Garden, District West, Delhi.

2. Issue notice.

3. Learned counsel, as above, appear on behalf of the respondents on advance copy; and accept notice.

4. The court has heard Mr. Jayant K. Sud, learned senior counsel for the petitioner; Ms. Shubhi Gupta, learned APP for respondents Nos. 1 and 2; as well as Mr. Lal Singh Thakur, learned counsel appearing for respondents Nos. 3 and 4. The court has also heard Ms. Iti Agarwal, learned Sub-Divisional Magistrate (Rajouri Garden), District West, Delhi/Collector of Stamps, Delhi, („SDM‟), who has joined the proceedings via video-conferencing.

5. The matter has been vociferously contested by all parties.

6. Briefly, the controversy pertains to property bearing No. H-21, Rajouri Garden, New Delhi, („subject property‟), the ownership of certain portions of which property is also under dispute, which disputes are subject matter of civil proceedings.

7. Furthermore, there are also disputes as regards payment of proper stamp duty on 02 sale deeds in respect of certain portions of the subject property, executed in favour of the contesting parties. The first sale deed dated 26.10.2024 was executed by the original owner in favour of respondents Nos. 3 and 4; and a second sale deed dated 30.10.2024 was executed by the same owner in favour of the petitioner. The question of under-stamping has also led to disputes, which has culminated in imposition of penalties by the learned SDM for under-valuation of the properties concerned. These disputes are subject matter of the two writ petitions, bearing W.P.(C) No. 16913/2025 and W.P.(C) No. 18785/2025, pending before a Co- Ordinate Bench of this court, in which certain interim relief has been granted to the parties.

8. Be that as it may, the limited scope of challenge in the present petition, pertains to Preliminary Order dated 17.01.2026 passed by the learned SDM, directing the Executive Magistrate/Tehsildar, Rajouri Garden to immediately seal the disputed portion of the subject property, purportedly to avoid loss of life and property and also to maintain law and order in the area. Pursuant thereto, the disputed portion of the subject property has been sealed.

9. Perusal of order dated 17.01.2026 shows that the direction of sealing has been given by the learned SDM in purported exercise of her powers under section 165 of the BNSS.

10. Section 165 of the BNSS reads as under :

165. Power to attach subject of dispute and to appoint receiver.— (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute (2) When