Virendra Sahlot v. Delhi Development Authority And ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1821/2023 VIRENDRA SAHLOT .....Petitioner Through:

Mr. Shreyuss Shankarjoshi, Adv.

versus DELHI DEVELOPMENT AUTHORITY AND ORS .....Respondents Through:

Ms Meenakshi Joshi, Mr Ajit Dayal Mr Mustufa Khan, Advs. for D-4&5.

Mr. Neeraj grover, Mr. Kashish Sethi, Ms. Riya Luthra. Advs. for R-8-12.

Mr. Anish Dhingra, Adv.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 23.03.2026 1.

The instant petition is filed for the following reliefs: "a. Issue a writ, order or direction in the nature of a writ of mandamus or any other appropriate writ, order, or direction for a Court Monitored investigation to be conducted into the process and irregularities in the arbitrary, non-transparent, illegal and opaque process adopted in conversion of the property i.e. B- 21, Westend Colony, New Delhi from lease hold to free hold and in the process of registration of the property vide Sale Deed dt: 02.02.2022 adopted by the Respondent No. 1 & 2 and to submit a final status report before this Hon'ble Court, for its consideration and further action.

b. Issue a writ, order or direction in the nature of a writ of mandamus or any other appropriate writ, order, or direction for calling of all records in registration of the property i.e. B-21, Westend Colony, New Delhi vide Sale Deed dt: 02.02.2022.

c. Issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

It would thus seen that the petitioner seeks annulment of sale deed dated 02.02.2022, with respect to the property bearing no. B-21, Westend Colony, New Delhi, on the ground that its conversion from leasehold to freehold is illegal and improper and has taken place in violation of various rules and regulations. The petitioner also prays for Court monitored investigation.

3.

It be noted that the date of the sale deed mentioned in the prayer of the writ petition is 02.02.2022, however, the date of registration is on 14.03.2022.

4.

During the course of hearing, it has been pointed out that the same petitioner, after filing the instant petition, has instituted civil suit no.475/2023, which is pending before this Court. The prayer in the said civil suit is extracted as under:

"a. Decree for declaration in favour of the plaintiff may be passed qua the Sale Deed dated 14.03.2022 of property bearing number B-21, West End, Diplomatic Enclave Extension, New Delhi - 110021 (hereinafter referred to as the Suit Property) declaring it as null and void and not binding upon the plaintiff, and b. Decree for declaration in favour of the plaintiff may be passed qua the conveyance deed dated 23.07.2021 of the property bearing number B-21, West End, Diplomatic Enclave Extension, New Delhi - 110021 (hereinafter referred to as the Suit Property) declaring it as null and void and not binding upon the plaintiff, c. Decree for declaration in favour of the plaintiff may be passed qua all consequent documents executed of property bearing number B-21, West End, Diplomatic Enclave Extension, New Delhi - 110021 (hereinafter referred to as the Suit Property) as null and void. d. Decree for declaration in favour of the plaintiff may be passed qua the Consent decree dated 03.02.2020 / 04.02.2020 passed in C.S. (O.S.) No. 1229 of 2020 as null and void.

e. Any other or further orders in favor of the Plaintiff and against the Defendant as this Hon'ble court may deem fit and proper in the given facts and circumstances of the case.

f. Pass a permanent injunction Order, thereby, restraining the Defendants from entering into an agreement to Sell/Sale Deed with any third party for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

50% of the undivided portion in the Property bearing number B-21 Western Diplomatic Enclave Extension New Delhi 110021 measuring 800 square yards (Sister's share).

g. Pass a permanent injunction Order, thereby, restraining the Defendants from further any form of erection / modification / alternation / cosmetic changes for 50% of the undivided portion in the Property bearing number B-21 Western Diplomatic Enclave Extension New Delhi 110021 measuring 800 square yards (Sister's share)"

5.

The prayers are overlapping. When the petitioner has taken recourse to institute a civil suit for the same prayers, it would be improper for this Court, in exercise of its powers under Article 226 of the Constitution of India, to adjudicate the dispute herein.

6.

Petition stands dismissed.

7.

All rights and contentions are left open.

PURUSHAINDRA KUMAR KAURAV, J MARCH 23, 2026/P The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.