Shri Veer Singh Lamba & ANR. v. State Of NCT Of Delhi And ORS

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI VEER SINGH LAMBA & ANR ...... Petitioners Through:

Mr. Manish K. Choudhary, Ms.

Kanchan and Mr. Prashant Jha, Advocates.

versus STATE OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr. Kartik Sharma and Mr. Rishabh Srivastava, Advocates for Mr.

Santosh Kumar Tripathi, SC (Civil) for GNCTD.

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. M.S. Akhtar, Mr.

Mayank Arora, Ms.

Musarra Benazeer Hashmi and Mrs. Nidhi Thakur, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 21.02.2024 CM APPL. 10484/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The Petitioner has approached this Court with the following prayers:- "a) Issue an appropriate Writ / Order in nature of mandamus to the Respondent No.2, Sub Registrar V- A to register the Gift Deed executed by the Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.1 in favour of Petitioner No.2 without insisting upon the Status Report/NOC from the Respondent No.3, or in alternative;

b) To issue the Writ of Mandamus to the Respondent No.3 to provide the Status Report/NOC in respect of property bearing no. 18 (Old No. 74), area measuring 90 Sq.Yards. comprising khasra no. 30 situated at Begumpur Village, New Delhi-110017 and or;

c) Pass any other order or direction as this Hon'ble Court may deem fit in the circumstances of the case to give complete relief to Petitioners."

2.

The facts of the case reveal that a property bearing No. 18, (Old No.74) Khasra No.30, Begumpur Village, New Delhi-110017, was relinquished in favour of Petitioner No.1 herein and Petitioner No.1 herein executed a gift deed in favour of Petitioner No.2 herein. It is stated that the gift deed is not being registered only on the ground that the Petitioner No.2 has not been given a No Objection Certificate (NOC) from the competent authority.

3.

Learned Counsel for the Petitioners states that the Petitioner No.2 has already filed an application on 31.10.2023 for grant of NOC from the competent authority. The said application has not yet been considered and disposed of by Respondent No.3, which is the competent authority. 4.

The Respondent No.3 is directed to consider the application filed by Petitioner No.2 and take a decision on the application within a period of four weeks from today.

5.

The writ petition is disposed of along with pending application(s), if any.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

It is made clear that this Court has not made any observation on the merits of the case.

SUBRAMONIUM PRASAD, J FEBRUARY 21, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.