Ravi Kumar Prinja & ANR. v. New Delhi Municipal Council & ORS.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3772/2024 and CM APPL. 15526/2024 RAVI KUMAR PRINJA & ANR.

.....Petitioners Through:

Mr. Subhash C. Jindal, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. Sanjay Sharma, ASC with Mr.Raghav Alok, Advocate for Respondents/NDMC.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.02.2025 1.

This writ petition is preferred on behalf of the Petitioners laying a challenge to the Assessment Order dated 25.01.2023 passed by NDMC as also for a direction to NDMC to rectify the assessment taking into consideration the bifurcation/Assessment Orders dated 23.11.2022 and 02.02.2023 in respect of adjoining offices at the same floor in the same building.

2.

Mr. Sanjay Sharma takes a preliminary objection to the maintainability of the writ petition on the ground that the Petitioners have an alternate statutory remedy of appeal under Section 115 of the New Delhi Municipal Council Act, 1994 ('NDMC Act').

3.

In my view, there is merit in the preliminary objection. No ground is made out by the Petitioners for invoking the writ jurisdiction of this Court W.P.(C) 3772/2024 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:44:56

under Article 226 of the Constitution of India bypassing the appellate remedy. Accordingly, without entering into the merits of the case, this writ petition is dismissed with liberty to the Petitioners to avail the appellate under Section 115 of the NDMC Act.

4.

At this stage, learned counsel for the Petitioners submits that a direction be issued to the appellate Court to decide the appeal expeditiously as the Petitioners are senior citizens. Needless to state that if the appeal is filed, an endevaour shall be made by the appellate Court to decide the same as expeditiously as possible taking into account the age of the Petitioners. If the appeal is filed within four weeks from today, appellate Court will also take into consideration that Petitioners had bona fidely filed this writ petition and the same is pending in this Court since March, 2024, while considering the application for condonation of delay.

5.

Pending application stands disposed of.

JYOTI SINGH, J FEBRUARY 19, 2025 B.S. Rohella/shivam W.P.(C) 3772/2024 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:44:56