IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
In CWP of 2022

Ram Bhajan …Petitioner

Versus
UT Chandigarh and Ors. …Respondents

INDEX

Sr. Particulars Date Page Court

No. nos. fees
Urgent Form 15-07-2022
Court fee sheet 15-07-2022
1. Memo of parties 15-07-2022
2. Civil Writ Petition 15-07-2022
3. Affidavit in support 15-07-2022
4. Annexure P-1 07-02-2020
[Affidavit cum Agreement
of Sale of vehicle]
5. Annexure P-2 2020-2021
[Receipts of payments]
6. Annexure P-3 07-02-2021
[Registration Booklet]
7. Annexure P-4 04-12-2021
[SSP Complaint]
8. Annexure P-5 10-12-2021
[Acknowledgement Slip of
Complaint to SSP]
9. Annexure P-6 10-12-2021
[Acknowledgement Slip of
Complaint to IGP]
10. Annexure P-7 11-03-2022
[Acknowledgement Slip of
Complaint to IGP]
11. Annexure P-8 22-04-2022
[Acknowledgement Slip of
Complaint to SSP]
12. Wakalatnama & Aadhar 15-07-2022
Card
Place: Chandigarh Petitioner
Date: 03-08-2023
Through

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
In CWP of 2022

Ram Bhajan …Petitioner

Versus
UT Chandigarh and Ors. …Respondents

COURT FEE

Place: Chandigarh Petitioner

Date: 03-08-2023
Through

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018
 SYNOPSIS

That the Present Writ Petition under Section 226/227 is being filed
against the arbitrary and illegal acts of the Official Respondents, who
acting hand-in glove with the Private Respondents, have grossly
violated the fundamental rights of the Petitioner by forcefully
divesting him of the possession of his vehicle and further abusing and
beating him up. Additionally, in abject violation of their constitutional
duties and in violation of Petitioner’s fundamental rights they have
refused to register complaints and take requisite action against the
Private respondents.

The petitioner is a poor laborer and a daily wage earner working as a

painter. The petitioner purchased a second-hand car TATA ACE Car
bearing number CH01 TA 9184, Model 2013, ENGINE NO. 1302,
CHASSIS NO. 77417 from the respondent no. 4, Krishan Pal s/o Sh.
Resh Ram. The respondent no. 4 offered the petitioner to purchase at
the cost of Rs. 2,00,000. Out of the Rs. 2,00,000, the Petitioner paid
Rs. 79,000/- in cash to respondent no. 4 in cash and the remaining
16 installments of Rs. 7650/- were to be paid towards the dues of the
financing company i.e. Respondent No. 5.

The Petitioner as such paid Rs. 79,000/- in cash to the respondent

no. 4 in the month of February 2020 and after which the respondent
no. 4 delivered the petitioner the possession and RC of the vehicle
TATA ACE CH01 RA 9184. The Respondent No. 4 also executed an
affidavit cum agreement acknowledging the receipt of the monies and
the deliverance of possession to the Petitioner. The petitioner
thereafter started making payments of installments from March 2020
in the favor of the respondent no. 5 through respondent no 4, as the
financing papers were in the name of the respondent no. 4 Krishan
Pal.

Further, soon thereafter due to lockdown, the respondent no. 4 asked

the petitioner to pay the installments of Rs. 7650/- directly to him
rather paying it to the respondent no. 5 and the respondent no. 4 also
assured that he would get it deposited and would also take receipts as
HPA was in the name of the respondent no 4.
That the respondent kept on making regular payments without any
defaults except for some days in one or two months due to lockdown.
However, it is pertinent to mention that the Petitioner paid the entire
amount, which was readily accepted by Respondent Nos 4 and 5.
There are no dues are pending on the part of the petitioner. That the
respondent no. 4 gave only handwritten receipts to the petitioner.
That the petitioner demanded No Dues Certificate on completion of
payments done by the petitioner. However, the respondent no. 4
blatantly refused to give him certificate. That, furthermore, when the
petitioner went to the Registry Authority in Manimajra on 26.11.2021,
at around 10:30 am to get the vehicle transferred in his name he was
shocked to find the Respondents no. 4, 6, 7 and 8 accompanied by 2
unknown policemen who claimed that they were posted at Ram
Darbar Police Station.
That all the persons ganged up against the petitioner and with force
illegally under coercion not only took away the possession of the
vehicle in question but also took away the registration card,
insurance policy, and driving license. They even threatened that since
the petitioner had not paid the installments now the vehicle belongs
to them. They even resorted to physical abuse of the petitioner by
beating, slapping, and thrashing him to the core by respondents no
4,6,7 & 8 in the presence of Police Officials and they further
threatened the petitioner that his family will bear the consequences if
the petitioner dares to open his mouth. Furthermore, the police sided
with the respondent no. 4 and 5 and took the aid of the local goons to
take away the possession of the said vehicle from the petitioner.
That the respondent no. 6, 7 and 8 physically abused the petitioner in
front of the police and when the petitioner complained the police that
he had already made the required payments, the policemen ignored
him and started to make his mockery and threatened him that he will
be killed if he does not make payments. That further, the petitioner
tried to seek assistance of the Police and visited the Police Post Ram
Darbar to register a complaint regarding the same. However, the
police did not register any complaint and refused to help him and
blatantly said that he has not made any payments and started to ill-
treat, jeer & abuse the petitioner. That the Police Officers on duty did
not even hear him and did not even take a note of the receipts and the
documents available with the petitioner. That when the petitioner
failed to seek a remedy from the police, he requested the respondent
no. 4 to help him prove himself and tell the truth to everyone. But the
respondent no.4 instead of helping him, mocked him and refused to
help him.
Furthermore, the constant threats to the life of the petitioner along
with his family constrained the petitioner to file a complaint with the
Respondent No.2. That the petitioner also filed a detailed complaint to
the respondent no. 2 on 4-12-2021. But all his efforts were in vain.
Furthermore, the Petitioner met in person with the SSP Chandigarh
multiple times against the highhandedness of the Respondents,
demanding due action on the matter, but to no avail. That the
petitioner has faced a lot of mental and physical harassment despite
making all the payments and has received no aid from the police so
far. Hence, the present writ petition.

LIST OF DATES AND EVENTS

Date Events
07-02-2020 Respondent no. 4 gave the petitioner a duly signed
affidavit cum agreement of sale of vehicle, which the
respondent no. 4 signed in the presence of the
petitioner. The Petitioner paid Rs. 79,000/- in cash to
the respondent no. 4 and after which the respondent
no. 4 delivered to the petitioner the possession and RC
of the vehicle TATA ACE CH01 RA 9184.

03-2020 The petitioner resumed giving the installments of Rs.

7650/- each towards hypothecation of the vehicle in
issue favoring the respondent no. 5 through respondent
no 4. The first installment was paid by respondent no. 4
in March 2020 & a receipt was issued in the name of
respondent no 4.
06-2020 The petitioner insisted to get a receipt issued by
respondent no. 5 in order to check whether everything
was on track or not.

Respondent no. 4 went to the petitioner and got issued

a receipt of Rs. 7650/- from respondent no 5 for the
month of June 2020 but thereafter, for each
installment, respondent no. 4 started issuing
handwritten slip cum receipt.

June 2021 That when the petitioner made the last payment i.e.,
16th installment of Rs. 7650/- to respondent no 4, the
 petitioner requested respondent no. 4 to get the no dues
certificate from respondent no. 5. In lieu of receiving all
16 instalments, respondent no. 4 handed over the
petitioner’s duly signed ownership transfer booklet.
26.09.2021- The respondent no. 4 categorically acknowledged on a
27.09.2021
phone call that he has received all 16 instalments from
the petitioner and nothing further is due and the
respondent no. 4 also promised that he will get no dues
certificate signed from the respondent no. 5.
26.11.2021 The petitioner went to the Registry Authority in
Manimajra, reached around 10:30 am to get the vehicle
transferred in his name.
Respondents no. 4, 6, 7 and 8, accompanied with 2
unknown policemen who claimed that they were posted
at Ram Darbar Police Station, ganged up against the
petitioner and forcefully & illegally under coercion took
away the possession of the vehicle, registration card,
insurance policy, and driving license. That the
respondent no. 4, 6, 7 and 8 physically abused the
petitioner and also abused him.
27-11-2021 The petitioner straight away went to the Police Post
Ram Darbar and gave a complaint in writing to the in-
charge of the Police Post.
04-12-2021 The petitioner approached Respondent No.2 by way of a
formal detailed complaint.

10-12-2021 The Petitioner filed detailed complaints to the Inspector

General of Police and other various police officials. The
petitioner also again approached the Senior
Superintendent of Police.

11-03-2021 The Petitioner filed second detailed complaint to the

Inspector General of Police.

22-04-2022 The petitioner again approached the Senior

Superintendent of Police, but received no redressal.

Through

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018
 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
In CWP of 2022

MEMO OF PARTIES

Ram Bhajan, aged about 28 years, s/o Sh. Kalyan Singh, r/o
House number 399, Village Kaimbwala, Chandigarh. Aadhar
Card no. 903836239261, Phone no. 8264251660
…Petitioner

Versus

1. Union Territory, Chandigarh Administration, UT Secretariat,

Chandigarh, through its Advisor to the Ld. Administrator UT,

Chandigarh, UT Civil Secretariat, Sector 9, Chandigarh.

2. Senior Superintendent of Police, Chandigarh, Chandigarh Police

Headquarters, Sector 9, Chandigarh.

3. Inspector General of Police, Chandigarh, Chandigarh Police

Headquarters, Sector 9, Chandigarh.

4. Krishan Pal s/o Sh. Resh Ram, House No. 477, Ph-1 Ram

Darbar, Chandigarh, 160002.

5. Simran Finance Company Pvt. Ltd., CO 263, 1st Floor, Sector

32D, Chandigarh, 160030.

6. Surinder Kumar

7. Ramu Sagar

8. Darshan Singh

…Respondents

Place: Chandigarh Petitioner

Date: 03-08-2023
Through

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018
 2

Petition Under Articles 226 of the Constitution of India,

invoking the inherent powers and extra-ordinary

jurisdiction of this Hon’ble Court for issuance of a Writ,

Order, and Urgent Directions in the nature of Mandamus

etc. to the Respondents for immediately handing back

and putting the Petitioner in the Physical Possession of

the, TATA ACE vehicle number bearing CH01 TA 9184,

Model 2013, ENGINE NO. 1302, CHASSIS NO. 77417

which is currently under the joint possession of the

official Respondents and the private Respondents herein

who had under a conspiracy forcibly taken it out of

possession of the Petitioner by infliction of serious bodily

injuries and intimidation and thereafter not letting the

Petitioner’s grievance being heard by non-lodging of FIR

and appropriate proceedings;

And further issuing appropriate directions in the nature

of Mandamus etc. holding the Respondents liable and

thus directing the Respondents to pay damages to the

Petitioner to the tune of Rs. 1,00,00,000 (Rupees One

Crore) and directing the payment of exemplary costs of

Rs. 20,00,000 (Rupees Twenty Lakhs) and be paid to the

Petitioner due to the violation of Petitioner’s fundamental

right to Life and Dignity and the aforesaid illegal action of

the official Respondents in divesting the Petitioners of the

lawful possession of the Vehicle in question and

harassing and agonizing and victimizing the Petitioner

thereby;

And further issuing appropriate directions in the nature

of Mandamus etc. holding the official Respondents guilty

 3

and responsible and ordering due departmental and

criminal proceedings against them for their illegal, biased,

and draconian conduct in divesting the Petitioner of his

Legal and Fundamental Rights and legal possession in

connivance with the private Respondents and for issuing

appropriate directions as the official Respondents have

unduly delayed the action on the various complaints of

the Petitioner in the matter;

As well as for grant of any other or further relief to the

Petitioners as deemed fit and proper in the facts and

circumstances of the case and keeping in view the peculiar

situation arising from therefrom;

MOST RESPECTFULLY SHOWETH: -

1. That the Petitioner who is a poor laborer and does paintwork for

his survival and is a citizen of India and as such is invoking the extra-

ordinary Writ Jurisdiction of this Hon’ble Court under Articles

226/227 of the Constitution of India, against the gross violation and

infringement of his Fundamental Rights by the official Respondents

and the Private Respondent who hatched a conspiracy to divest the

Petitioner of the possession of his vehicle in a grossly illegal manner

and illegally divested the Petitioner of the Physical Possession of his

TATA ACE Car bearing number CH01 TA 9184, Model 2013, ENGINE

NO. 1302, CHASSIS NO. 77417, wherein the Official Respondents had

in clear highhandedness and abuse of authority violated the

Petitioner’s legal and fundamental rights.

BRIEF FACTS OF THE CASE

2. That the grievance of the Petitioner, in a nutshell, is that the

petitioner was introduced to the Respondent no. 4 Krishan Pal, who

 4

offered to sell his vehicle Tata Ace, which the respondent no.4 got

financed from the respondent no. 5, Simran Finance Co. The

respondent no. 4 offered the petitioner to purchase the same for

amount of Rs. 2,00,000. Out of the Rs. 2,00,000, the Petitioner paid

Rs. 79,000/- in cash to respondent no. 4 in cash and the remaining

16 installments of Rs. 7650/- were to be paid towards the dues of the

financing company i.e. Respondent No. 5.

3. The petitioner being a poor laborer took a loan from his father-

in-law of Rs. 60,000/- in order to purchase the vehicle and in the

hope of utilizing the vehicle to earn future income. The petitioner

further took out Rs. 50,000/- from his PF dues in January 2020 and

as such paid Rs. 79,000/- in cash to the respondent no. 4 in the

month of February 2020 and after which the respondent no. 4

delivered the petitioner the possession and RC of the vehicle TATA

ACE CH01 RA 9184. Respondent no. 4 gave the petitioner a duly

signed affidavit cum agreement of sale to this effect, which the

respondent no. 4 signed in the presence of the petitioner. Copy of the

affidavit cum agreement of sale dated 07-02-2020 signed by

Respondent No. 4 is attached herewith Annexure P-1.

4. That the petitioner started paying the installments of Rs.

7650/- each from March 2020 onwards towards hypothecation of the

vehicle top respondent no. 5 through respondent no 4, as the

financing papers were in the name of the respondent no. 4, Krishan

Pal. The first installment was paid by respondent no. 4 in March 2020

& a receipt was issued in the name of respondent no 4. It is pertinent

to mention here that soon thereafter due to lockdown, the respondent

no. 4 asked the petitioner to pay the installments of Rs. 7650/-

directly to him rather paying it to the respondent no. 5 and the

respondent no. 4 also assured that he would get it deposited and

would also take receipts as the Hypothecation Agreement was in the

 5

name of the respondent no 4. It is important to mention here that

respondent no. 4 never showed any receipts but rather used to write

down and give in writing on the slip cum receipt with his own

signatures in the presence of the petitioner towards the

acknowledgment of receipt of Rs. 7650/- and the petitioner was

completely assured by respondent no. 4 that the petitioner managed

to keep the faith and kept acting accordingly. The petitioner kept on

paying the installments regularly as was directed by respondent no.

4.

5. That when the relaxation in lockdown came up in the month of

June 2020, the petitioner insisted to get a receipt issued by

respondent no. 5 in order to check whether everything was on track

or not. Respondent no. 4 went to the petitioner and got issued a

receipt of Rs. 7650/- from respondent no 5 for the month of June

2020 but thereafter, for each installment, respondent no. 4 used to

issue handwritten slip cum receipt, and the respondent no. 4 also

kept on assuring the petitioner that the respondent no. 4 was paying

installments to respondent no. 5 on the behalf of the petitioner. A

copy of receipts is attached herewith as Annexure P-2.

6. It is pertinent to mention, that in order to allay the fears of the

Petitioner that Respondent No. 4 was not making payments to

Respondent No. 5, Respondent no. 4 introduced the petitioner to his

paternal uncle, Surinder Kumar who was having some links with

respondent no. 5, and assured him that the payments were being

made regularly. As such all the 16 installments of Rs. 7650/- were

paid by the petitioner in cash to respondent no. 1, who gave duly

signed slips/receipts by his own hand. Pertinently the receipt for

January 2021 had been signed by Ashu, son of respondent no 4. It is

pertinent to mention here that the payment was made regularly,

 6

except for one or two months which were delayed only by 4-5 days,

due to lock down but other instalments were never delayed.

7. That when the petitioner made the last payment i.e., 16 th

instalment which was made in the month of June 2021 of Rs. 7650/-

to respondent no 4, the petitioner requested respondent no. 4 to get

the no dues certificate from respondent no. 5. Respondent no. 4

assured the petitioner to get the needful done, and in token of

receiving all 16 instalments, respondent no. 4 handed over the

petitioner’s duly signed ownership transfer booklet. The petitioner

made multiple requests to respondent no. 4 and respondent no. 6 but

all went in vain and he didn’t receive no due certificate from

respondent no. 5. The petitioner is also in possession of phone

recordings dated 26-09.2021 and 27.09.2021 wherein the respondent

no. 4 had categorically acknowledged that he has received all 16

instalments from the petitioner and nothing further is due and the

respondent no. 4 also promised that he will get no dues certificate

signed from the respondent no. 5. At this moment, the petitioner

believed that the state of affairs remained hunky dory not knowing to

the larger conspiracy hatched behind his back. A copy of the

Registration Booklet for transfer of ownership, duly signed by

Respondent No. 4 is annexed herewith as Annexure P-3.

POLICE OFFICERS SIDED WITH PRIVATE RESPONDENTS IN

ORDER TO ABUSE AND HARASS THE PETITIONER

8. That in furtherance of the assurance given to the petitioner by

the respondents nos. 4 and 5 that the vehicle in question will be

transferred in the name of the petitioner, the petitioner went to the

Registry Authority in Manimajra on 26.11.2021, reached around

10:30 am to get the vehicle transferred in his name. Thereafter,

Respondents no. 4, 6, 7 and 8 accompanied by 2 unknown policemen

 7

who claimed that they were posted at Ram Darbar Police Station

reached the Petitioner. Shockingly, all the persons ganged up against

the petitioner and with force illegally under coercion took away the

possession of the vehicle in question, registration card, insurance

policy, and driving license. Not only this they even threatened that

since the petitioner had not paid the installments now the vehicle

belongs to them. The respondents under the garb of their power and

authority brandished and caused physical harm and injuries to the

petitioner. Moreover, the policemen even abused the petitioner and

warned him that if he will take any legal step, they won’t spare his

life. As such the officials as well as private respondents under the

garb of the power threatened the petitioner to his core. The entire

incident caused tremendous shock, pain and suffering to the

petitioner and he lost his consciousness thereafter.

9. That the petitioner tried to resist the forceful dispossession of

the vehicle by the respondents but all the efforts were in vain as he

was no match to the beatings given and abuse of power made by the

official respondents. The fact remains that the petitioner was badly

beaten, slapped, and thrashed to the core by respondents no 4,6,7 &

8 in the presence of Police Officials and they further threatened the

petitioner that his family will bear the consequences if the petitioner

dares to open his mouth. The Police officials, through the use of sheer

brute force then handed over the possession of the vehicle thereof in

an illegal and arbitrary manner to the private Respondents, without

any authority or jurisdiction vested in them in the eyes of law and in

any case the vehicle in question has been in the subsisting

possession of the petitioner himself. The police officials intentionally

aided the local goons in their illegal cause to divest the petitioner of

the possession of his vehicle by force. The petitioner was not only

threatened but was also abused in filthy languages by the Police

 8

Officials. The vehicle in the question was taken by the private

respondents to the office of respondent no. 5 i.e., Simran Finance Co

SCO 263, Sector 32-D, Chandigarh where the petitioner was told to

pay the installments in cash if he wanted the vehicle to be released.

10. That when the petitioner told the respondent no. 4,5,6,7 & 8

and the policemen present therein that he had already deposited the

all the instalments to the respondent no. 4, they mocked, jostled and

abused the petitioner and asked to leave with a warning that

otherwise they would kill him.

11. That thereafter the petitioner straight away went to the Police

Post Ram Darbar on 27-11-2021 and gave a complaint in writing to

the in-charge of the Police Post. The Police in-charge however told the

petitioner that the police could not help the petitioner as he has not

paid the instalments. The petitioner tried to show every evidence to

prove his point but the police did not listen to him at all and instead

shared a laugh of disgust at the petitioner. They refused to look at the

receipts and documents nor they listen to the recordings which were

available with the petitioners. The in-charge rather than listening to

the grievance of the petitioner and resolving it started to ill-treat,

jeered & abused the petitioner. This kind of behaviour by a

government servant who has the duty to provide justice and

safeguard the interests of public cannot be expected in a welfare

state. The petitioner was left with no option but to talk to respondent

no. 4 and request him to tell the truth to everyone but respondent no

4 mocked and refused to help. It is important to mention here that

the petitioner has been visiting the Police Post Ram Darbar for action

on his complaint but to no avail.

12. That the petitioner has always and continued to abide by the

law and have done no wrong warranting the illegal and high-handed

action at the behest of the Respondents. Rather, the Respondents

 9

Nos. 4 and 6 to 8 with their muscle men, had dispossessed the

petitioner from physical possession of the vehicle in question.

Further, unidentified police officers from Ram Darbar police station

accompanied the said respondents and abused their official position

to intermeddle in a private civil dispute by acting as a person above

law and have wrongly restrained the Petitioner from being in the

physical possession of the vehicle concerned. As such the

respondents have no right or authority to restrain the Petitioner,

further the petitioner has paid all the installments in the given time

after which the respondents have no right, so as to force, pressurize

and illegally coerce the petitioner into the disposition of the

possession of the vehicle conveying that the petitioner has not paid

the instalments.

NO HEED PAID TO MULTIPLE PLEAS OF THE PETITIONER BY

OFFICIAL RESPONDENTS

13. That the petitioner is living under a constant threat that the

private and official respondents and those unidentified police officials

may turn up again and not only abuse and threaten him but also

physically harm the petitioner and the family of the petitioner. The

petitioner approached Respondent No.2 by way of a formal detailed

complaint dated 04-12-2021 and attached herewith as Annexure P-4.

14. The Petitioner further filed detailed complaints to the Senior

Superintend of Police and Inspector General of Police on 10-12-2021.

A copy of acknowledgement slip of complaint to SSP is attached

herewith as Annexure P-5 and copy of acknowledgement slip of

complaint to IGP is attached herewith as Annexure P-6.

15. The Petitioner thereafter filed another complaint with

Respondent No. IGP dated 11-03-2022, and copy of

acknowledgement slip of complaint to IGP is attached herewith as

Annexure P-7. The Petitioner also approached the Senior

 10

Superintendent of Police vide complaints dated 22.04.2022 and a

copy of the acknowledgement slip is attached herewith as Annexure

P-8. However, all his efforts were in vain and his pleas fell on deaf

ears.

16. That immediately thereafter, the Petitioner met in person with

the SSP Chandigarh multiple times against the highhandedness of

the Respondents, demanding due action on the matter. The petitioner

has also tried approaching the higher police officials to take action

against the respondents or at least start an investigation against the

Respondents regarding abuse of the authority. However, no action nor

any redress to the Petitioner was taken, due to which the Petitioner

has been left with no other alternative, except to approach this

Hon’ble Court by way of the present petition.

17. That by the following facts it is very clear that petitioner has

faced harassment and agony by the respondents in every way

possible. Respondents have cheated and did fraud on their part with

the innocent petitioner but the story doesn’t end here as they even

physically, mentally and emotionally abused him and even accused

him for something he was not liable for. The petitioner who was left

with no choice felt as if his life was ended because of all the threats

he faced by the respondents. The major question here arises on the

duty of the police officials who were supposed to protect the petitioner

but they also neglected his case and instead passed it on to other

police station and never paid any attention to the suffering that was

done to the petitioner. This shows a fully planned deception against

the petitioner by the respondents.

18. That it is relevant to mention that the actions of the

respondents violate the Fundamental Rights of the Petitioner

guaranteed under Part III of the Constitution of India, especially the

Right to life and personal liberty, as granted to him under Article

 11

21 of the Constitution and its infringement by the functionary of the

State, the Respondents, who have grossly misused and abused their

authority and also not considering that, all persons are equal and the

status of the person whatever it may be does not make any difference,

as such, the Petitioner has a valid cause to be canvassed before this

Hon’ble Court by way of the present petition. Each and every person

has equal rights irrespective of whether he is from a Finance

Company, any other person concerned, or a Police officer. The life and

liberty of an individual are so sacrosanct that they cannot be allowed

to be interfered with except with due authority of law. The Hon’ble

courts have repeatedly held that it is a principle, which has been

recognised and applied in all civilised countries. The Object of Article

21 is to prevent encroachment in the personal liberty of citizens by

the Executive, save in accordance with law and in conformity with the

provisions thereof and in accordance with the procedure established

by law. The meaning and content of the "Right to Life" and personal

liberty have several facts and attributes and the Apex Court time and

again declared the scope and ambit by catena of decisions. Right to

life and personal liberty is one of the basic human rights and not even

State has the authority to violate that right (Siddharam Satlingappa

Mhetre V. State of Maharashtra [JT 2010(13 S.C. 247)]. "Right to Life",

set out in Article 21, means something more than mere survival or

animal existence. This right also includes the right to live with human

dignity and all that goes along with it, namely, the bare necessities of

life such as adequate nutrition, clothing and shelter over the head

and facilities for reading, writing and expressing oneself in different

forms, freely moving about and mixing and commingling with fellow

human beings. In Kharak Singh v. State of U.P., (A.I.R. 1963 (SC)

1295), the Supreme Court held that unwarranted domiciliary visit by

the police can be held to be laxative of Article 21. Thus, the undue
 12

exercise of powers and sheer abuse of the authority of the

Respondents and the unidentified Police Officials, and the

victimization of the Petitioner is precisely the subject matter of the

present petition. It is implicit that a person must be free from fear and

threat to life inasmuch as life under fear and threat of death will be

no life at all. The Right to life would include right to live with human

dignity. There is a great responsibility on the police to ensure that

citizen in its custody is not deprived of his right to life. Wrong doer is

answerable to the victim and the State. It has been held time and

again that the State is responsible to the person, if the person is

deprived of his life except according to the procedure established by

law. Protection of an individual from torture and abuse by the police

and other law enforcing officers is a matter of deep concern in a free

society. The fundamental issue in this petition is whether the

Petitioner, who has been victimized at the hands of the Respondents

and the Police Officials who helped the respondents in getting the

physical Possession of the vehicle in question and also the Higher

Police Authorities who have failed to provide justice to the petitioner

by not taking any action and even not registering FIR against the

person in question which thus seek a redress before this Hon’ble

Court against the same for established infringement of their

fundamental rights guaranteed by Article 21 of the Constitution of

India at the hands of the Respondents and the Police Officials. As

such, the present petition is thus fully maintainable before this

Hon’ble Court and the Petitioner deserves to be granted security and

protection and due directions deserve to be issued accordingly to

protect the Legal and Fundamental Rights of the Petitioner including

the Right to Life and right to live with dignity to the Petitioner, and

they deserve to be protected from victimization at the hands of the

Respondents.
 13

19. That the Petitioner have not preferred any other petition on

same or similar cause of action, either before this Hon’ble Court or

before the Ld. Trial Court or before any other court of law, including

the Hon’ble Supreme Court of India, nor any such petition is pending

in this Hon’ble Court or before any other court.

Prayer:

It is therefore, most respectfully prayed that in view of submissions

made above, this Hon'ble Court be pleased to allow the instant

petition and in the interest of justice and equity, be pleased to direct

and order the: -

A. Issuance of suitable Writ, Order and or Immediate and Urgent

Directions in the nature of Mandamus etc. to the Respondents

for immediately handing back and putting the Petitioner in the

Physical Possession of the, TATA ACE vehicle number bearing

CH01 TA 9184, Model 2013, ENGINE NO. 1302, CHASSIS NO.

77417 which is currently under the joint possession of the

official Respondents and the private Respondents herein who

had under a conspiracy forcibly taken it out of possession of

the Petitioner by infliction of serious bodily injuries and

intimidation and thereafter not letting the Petitioner’s

grievance being heard by non- lodging of FIR and appropriate

proceedings;

B. And further issuing appropriate directions in the nature of

Mandamus etc. holding the Respondents liable and thus

directing the Respondents to pay damages to the Petitioner to

the tune of Rs. 1,00,00,000 (Rupees One Crore) and directing

the payment of exemplary costs of Rs. 50,00,000 (Rupees Fifty

Lakh) and be paid to the Petitioner due to violation of the

Petitioner’s fundamental right to Life and Dignity and the

 14

aforesaid illegal action of the official Respondents in divesting

the Petitioners of the lawful possession of the Vehicle in

question and harassing and agonizing and victimizing the

Petitioner thereby;

C. And further issuing appropriate directions in the nature of

Mandamus etc. holding the official Respondents guilty and

responsible and ordering due departmental and criminal

proceedings against them for their illegal, biased, and

draconian conduct in divesting the Petitioner of his Legal and

Fundamental Rights and legal possession in connivance with

the private Respondents and for issuing appropriate directions

as the official Respondents have unduly delayed the action on

the various complaints of the Petitioner in the matter;

D. As well as for grant of any other or further relief to the

Petitioners as deemed fit and proper in the facts and

circumstances of the case and keeping in view the peculiar

situation arising from therefrom;

E. It is still further prayed that the filing of the certified copies of

Annexures P-1 to P-8 be exempted and instead their true

photocopies / illegible copies be taken on record in the

interest of justice and equity;

F. It is still further prayed that since the petitioner has been

deprived of the physical possession of the vehicle in question it

is humble prayed that the loss caused to petitioner due to not

being in the physical possession of the said vehicle is to be

recovered from the is to be recovered from the Respondents in

the overall interest of justice and equity;

 15

G. It is still further prayed that service of advanced notices of the

Writ Petition on the Respondents be exempted in the overall

interest of justice and equity and in view of urgency arising

therefrom;

H. It is still further prayed that the costs of the Writ Petition be

awarded upon the Respondents and be ordered to be paid to

the Petitioners;

Place: Chandigarh Petitioner

(Ram Bhajan)

Date: 03-08-2023
Through

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018

Verification

Verified that the contents of my aforesaid Writ Petition from paras 1

to and to are true and correct to our own knowledge. Legal

submissions wherever made especially in Para are believed to be

true upon legal advice. No part of it is false and nothing material has

been kept concealed there from.

Amar Vivek Aggarwal, Sai Anukaran

Advocates- Counsels for the Petitioner
Enrollment Nos. P/746/1990, P/2109/2018
16
 17

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

In CWP of 2022
Ram Bhajan …Petitioner
Versus
UT Chandigarh and Ors. …Respondents

Affidavit of Ram Bhajan, aged about 28 years, s/o Sh. Kalyan Singh,
r/o House number 399, Village Kaimbwala, Chandigarh. Adhar Card
no. 903836239261, Phone no. 8264251660

I, the deponent named above do hereby solemnly affirm and declare

as under on oath: -

That the deponent is personally aware of the facts stated herein. The
deponent submits that he has gone through the accompanied Petition
under Article 226/227 of the Constitution of India seeking to recover
Physical Possession of the, TATA ACE number bearing CH01 TA
9184, Model 2013, ENGINE NO. 1302, CHASSIS NO. 77417
currently under the possession of ‘Simran Finance Company Pvt. Ltd.,
(Respondent) and for grant of other prayers made by the Petitioners
herein, and he declares that the contents thereof from Paras 1 to 13
are true and correct to the knowledge of the deponent. No part of it is
false and nothing material has been kept concealed there from. Legal
submissions are believed to be true upon legal advice. The Petition be
read as a part of the present affidavit for the sake of brevity and to
avoid unnecessary repetition.

That the copy of the Adhaar Card of the deponent has been annexed
as a prof of identity and residential address with the accompanied
petition.

Place: Chandigarh Deponent

Date: 03-08-2023 [Ram Bhajan]

Verification
Verified that the contents of my aforesaid affidavit are true and
correct to my own knowledge. No part of it is false and nothing
material has been kept concealed there from. Legal submissions
wherever made are believed to be true upon legal advice.

Place: Chandigarh Deponent

Date: 03-08-2023 [Ram Bhajan]