The Delhi HC in, SONAM ASRANI @ RAMILA & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS. asked the commissioner of north-west Delhi to conduct an inquiry over the issue of abuse of power by SDM.
Facts
The petitioner, wife, and her husband had disputes. Her mother-in-law approached the district court seeking eviction of the petitioner from her property. An arrangement was entered between them to shift to the ground floor of the property. Despite an agreement, the petitioner alleged the respondent did not want to transfer ownership of the ground floor.
Intervention of SDM
After serving a notice to execute the transfer, various senior officers, including the Tehsildar and two-three police constables, along with her husband, entered the ground floor of the suit property. and are stated to have created a huge commotion. Petitioner and her children were threatened to vacate the suit property and they were also intimidated, leading to an undertaking being signed which was shown as evidence.
It was also stated that the petitioner was forced to sign the undertaking. Video clippings of officials
Court’s Ruling
The High Court termed the matter as serious. The court perused the evidence on record and contentions of the parties. It was stated that the evidence showed clearly suggests that the undertaking was signed under an external influence. The court stated that when the disputes were pending in various courts, such alleged interference especially by officers such as the SDM/Tehsildar who himself exercises quasi-judicial powers was completely unwarranted. Owing to such serious nature of conduct the commissioner of north-west Delhi was asked to conduct an inquiry on the aforementioned issue and submit a report. The court also stated that law enforcement officials and cannot be permitted to take action without the sanction of law. A restraining order was also issued and respondents were directed not to disrupt peaceful occupation and use of the ground floor of the premises by the Petitioners.
Case Details
W.P.(C) 2996/2021 & CM APPL. 9082/2021
Coram- J. Prathiba Singh
Read Order @Latestlaws.com
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