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Civil Property & InheritanceDelhi High Court

Dilip Kumar Shukla vs. State of NCT of Delhi & Ors.

Writ Petition (Criminal) · 2026:DHC:8797Decided 5 Oct 2026New Delhi Bench
W.P.(CRL) 3135/2026CNR: DLHC010478532026
Justice Mini Pushkarna

Background

The petitioner, who had been an occupant of a flat in Shakti Nagar, Delhi, claimed that he was living in a different flat from the one the police had taken possession of. The police had taken possession of the premises under a decree of possession and an execution proceeding in favour of a company, after the petitioner and his father had been its employees. The petitioner sought protection of his life and liberty and that of his family.

Decision Breakdown

The State confirmed that the police had taken possession and handed it to the owner. The Court found that the petitioner's possession was unlawful and unauthorised, because the premises had been allotted only to him as an employee of the company, and he had no right, title or interest in the property. The Court therefore found no merit in the petition, but it considered that some of the petitioner's goods might still be inside. It directed the police to accompany the petitioner the next day at 11:00 AM to open the premises, allow him to remove his goods, and then re-seal it, with videography of the process. The petition and pending application were disposed of.

Lesson Learnt

A person who occupied property only because of employment has no independent right to remain once the employment and decree end. Even when a petition fails, courts can make practical arrangements to let a person recover personal belongings.

Dilip Kumar Shukla vs. State of NCT of Delhi & Ors. – Legal Case Shots | LegalAware