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HIGH COURT OF DELHI
W.P.(C) 12491/2009
KHUSHI RAM Petitioner
Through: IVIr. IVIunendra Kr. Singh and IVIr. A.K.
Singh, Advocates for the petitioner.
W.P.(C) 12491/2009
KHUSHI RAM Petitioner
Through: IVIr. IVIunendra Kr. Singh and IVIr. A.K.
Singh, Advocates for the petitioner.
VERSUS
COIVIIVIISSIONER OF POLICE AND ANR Respondent
Through: Mr. N. Waziri, Standing Counsel with
Mr. Shoaib Haider, Advocate for the respondents.
Through: Mr. N. Waziri, Standing Counsel with
Mr. Shoaib Haider, Advocate for the respondents.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
15.10.2009 ^ As per the impugned order, the shop in question is located in non- commercial area. It is also stated that the access area is less than 9 meters wide. Learned counsel for the petitioner disputes factual statements made in the impugned order. However, there is no material and conclusive document on record on the basis of which this factual dispute can be decided. It is not possible to adjudicate and decide the writ petition before
2009:DHC:7705 Diwali.
In these circumstances, the writ petition is disposed of with liberty to the petitioner to claim costs and damages from the respondents in accordance with law. It is clarified that this Court has not expressed any opinion on merits and whether any claim for damages or costs would be maintainable.
OCTOBER 15,2009 Ag^ SANJIV KHANNA,J 2009:DHC:7705
15.10.2009 ^ As per the impugned order, the shop in question is located in non- commercial area. It is also stated that the access area is less than 9 meters wide. Learned counsel for the petitioner disputes factual statements made in the impugned order. However, there is no material and conclusive document on record on the basis of which this factual dispute can be decided. It is not possible to adjudicate and decide the writ petition before
2009:DHC:7705 Diwali.
In these circumstances, the writ petition is disposed of with liberty to the petitioner to claim costs and damages from the respondents in accordance with law. It is clarified that this Court has not expressed any opinion on merits and whether any claim for damages or costs would be maintainable.
OCTOBER 15,2009 Ag^ SANJIV KHANNA,J 2009:DHC:7705
JUDGMENT