D. P. WADHWA ( 1 ) THIS petition under Article 226 of the Constitution is directed against the order dated 7 September 1994 of the Deputy Commissioner of Police, Central District, Delhi, passed under section 33 of the Delhi Police Act, 1978. By this order the Deputy Commissioner of Police took possession of the shop premises bearing No. 79, Kamla Market, New Delhi, on his satisfaction that it was necessary in order to prevent or suppress any riot as he found there were certain differences between the petitioner claiming to be convener of Cooperative Corordinating Committee and Mrs. Premla Bai Chavan, President of All India Deafand Dumb Society, which was one of the six societies of the Cooperative Coordinating Committee. It was noticed in the order that Mrs. Chavan complained that the petitioner broke open the lock of the shop premises with the help of some anti social elements and transferred its possession to some nearby shopkeeper after getting huge amount of money. It was also noticed that the petitioner continued to claim the ownership of the shop and did not allow Mrs. Chavan to operate her office from there and that both the parties were claiming possession over the shop premises which was reported lying locked for the. last several months and considerable tention existed over the ownership and title of the shop premises and that there was imminent danger of a riot. ( 2 ) THERE are six respondents, namely, (1) the Commissioner of Police; (2) Mr. P. N. Aggarwal, Deputy Commissioner of Police, Central District; (3) Assistant Commissioner of Police, Police Station Kamla Market; (4) Station House Officer, Police Station Kamla Market; (5) Smt. Suman Dondey, Honorary Secretary, All India Deaf and Dumb Society; and (6) Smt. Premla Bai Chavan, President, All India Deaf and Dumb Society. ( 3 ) THE petitioner, thus, claims a writ, order or direction for quashing the aforesaid order dated 7 September 1994 and for a direction to the police authorities to remove the seal forthwith and to hand over the possession of the shop to him. This prayer has been opposed both by the police and the office bearers of All India Deafand Dumb Society.
This prayer has been opposed both by the police and the office bearers of All India Deafand Dumb Society. ( 4 ) THE record shows that the shop premises were not allotted to the petitioner in his personal capacity but these were allotted to Cooperative Coordinating Committee of which he was the convener and the following societies had joined together to form the Committee :- 1. Grain Distributing Cooperative Society. 2. Deaf and Dumb Association. 3. Deaf and Dumb Cooperative Industrial Society. 4. Kalamkar Co-opoerative Society. 5. Rikshaw Pullers Cooperative Society. 6. All India Deaf and Dumb Society. All these societies are operating from the said shop premises. Petitioner, therefore, has no separate right, title and interest in these shop premises, but it appears he transferred the possession of the shop to one Anil Chawla. Respondents Mr. P. N. Aggarwal, Deputy Commissioner of Police, in his affidavit has filed copy of possession letter (Annexure R-1)" which shows that the petitioner handed over the vacant peaceful possession of shop No. 79, Kamla Market, New Delhi, to Mr. Anil Chawla, both of them having signed the document - the petitioner having signed for handing over possession and Mr. Anil Chawla signing for taking over possession of the shop. It was contended before us by the petitioner that he had transferred the shop premises to Anil Chawla on the basis of power of attorney as Anil Chawla was looking after the work of the petitioner in his business. We are unable to subscribe to such a stand. As a matter of fact, the petitioner did not come out clearly in his petition that the possession of the shop premises had been handed over by him to Mr. Anil Chawla. Since the petitioner did not appear to have any independent right, title or interest in the shop premises, his act in transferring the possession of the shop to Anil Chawla is clearly unauthorised. Respondents contend that he took lot of money from Mr. Anil Chawla to transfer the shop. Then the petitioner contended that the All India Deaf and Dumb Society had already got a plot in the Institutional Area , Vikas Marg Extension, Delhi, where it built an office premises and was no longer functioning from the shop premises in question. Respondents 5 and 6 have denied that they are no longer operating from the shop premises in question. Then it was submitted.
Respondents 5 and 6 have denied that they are no longer operating from the shop premises in question. Then it was submitted. that the impugned order could not be justified under section 33 of the Delhi Police Act, 1978, as there was no ground to come to the conclusion that the order was necessary to prevent or suppress any riot or grave disturbance of peace. It was contended that the order had been passed under extraneous circumstances^ The order was passed after considering the report of the Station House Officer, Police Station Kamla Market, as well -as after considering the representations of the parties. Seeing the conduct of the petitioner himself we do not think we should interfere in the matter in our jurisdiction under Article 226 of the Constitution. We would, therefore, dismiss the petition.