W.P.(C) 15285/2022 1 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15285/2022 & CM APPL. 25140/2024 & CM APPL. 25141/2024 ABID QURESHI .....Petitioner Through: Mr. Tanmay Mehta, Mr. Nitin Mehta, Mr. Sarthak Jain and Mr. Arpit Rawat, Advocates. Mr. Arun Kumar Kaushik, Advocate. versus DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondent Through: Ms. Manika Tripathy, Standing Counsel for DDA with Mr. Gautam Yadav, Mr. Aakash Mohar and Mr. Kartik Mishra, Advocates. Ms. Nitika Bhutani, Advocate for R-3/SDM. Mr. Vivek Sharma, Sr. Panel Counsel with Ms. Prernaa Singh, Advocates for R-4 & 5/Delhi Police. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 11.03.2025 1. The present writ petition contains following prayers:- “A. Direct the officials of the Respondent No. 1 to not interfere in peaceful possession of the Petitioner over the said land; B. Restrain the officials of the Respondent No. 1, 2 & 3 from obstructing in raising of the boundary wall by the Petitioner in order to protect his possession; C. Direct the officials of the Respondent No. 2 to not interfere in peaceful possession of the Petitioner over the said land; D. Direct the Respondent No. 4 & 5 to provide protection to the Petitioner in order to allow him to protect his possession by getting a boundary wall raised over the said land;” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:19:43 W.P.(C) 15285/2022 2 2. Petitioner claims himself to be the owner of a land bearing Khasra No. 65, Gautam Nagar, Village Masjid Moth (Hauz Khas,), New Delhi. 3. As per the petitioner, the land in question was demarcated in the year 2015 and the process for demarcation of the land was carried out on 12.05.2022. However, when petitioner visited the said land to raise a boundary wall, officials of respondent DDA prevented him from doing so on the premise that said land belonged to them. 4. The grievance of the petitioner is to the effect that officials of Respondent Nos. 1 and 2 are interfering with peaceful possession of the petitioner over the land in question i.e. Khasra No. 65, Village Masjid Moth, New Delhi. 5. Learned counsel for respondent DDA submits that the petitioner is trying to encroach upon government land falling in Khasra No. 64 of Village Masjid Moth, by claiming the same as falling within Khasra No. 65. She also submits that neither any copy of the Demarcation Report has been placed on record by the petitioner nor any TSM Plan is attached with the said Report. 6. Be that as it may, it is admitted position of law that disputed questions of facts cannot be delved into and adjudicated by a writ Court. 7. Learned counsel for petitioner submits that there is no disputed question of fact and the averments and prayers are not very happily worded. He seeks to amend the writ petition. 8. However, in order to avoid any confusion or complexity of any kind, it will be appropriate, if the petitioner withdraws the present petition with liberty to file petition afresh, albeit, while ensuring that such petition is, strictly, within the scope and ambit of writ jurisdiction and does not contain any disputed question of fact. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:19:43 W.P.(C) 15285/2022 3 9. Mr. Tanmay Mehta, learned counsel for petitioner, assures to do the needful. 10. In view of the above, the present writ petition is disposed of as not pressed, with liberty to petitioner to file afresh in aforesaid terms. 11. The petition stands disposed of in aforesaid terms. 12. All the pending applications also stand disposed of. MANOJ JAIN, J MARCH 11, 2025/ss/SS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:19:43