Himanshu Sharma v. Municipal Corporation Of Delhi Through Commissioner & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6206/2026 with CM APPL. 30468/2026 and CM APPL. 30469/2026 HIMANSHU SHARMA .....Petitioner Through:

Mr.

Ikrant Sharma, Mr.

Manish Yadav and Mr.

Suyash Shanker, Advocates.

versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ORS.

.....Respondents Through:

Mr. Ashutosh Gupta, ASC for MCD.

Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD.

Mr. Honey Khanna, SPC for UoI.

Insp. Manoj Kumar, PS-Lahori Gate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 07.05.2026 1.

The present writ petition has been filed seeking a direction to the respondent no.1/MCD to take action against the unauthorized construction and amalgamation of Property No.429, Kucha Brij Nath and Shop No. 1-A, 1 to 6, Property No. 507, Gali Krishna, Katra Neel, Chandni Chowk, Delhi (hereinafter the 'subject properties'). It is the case of the petitioner that the owners of the aforesaid shops have amalgamated the subject properties to create one shop.

2.

Mr. Ashutosh Gupta, counsel appearing on behalf of the respondent no.1/ MCD has drawn attention of the Court to a previous writ petition being The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 12180/2025, titled 'Rupali Sharma v. Municipal Corporation of Delhi and Ors.' which was disposed of by this Court on 10th September, 2025. It is submitted that the said petition was filed by Rupali Sharma, who is the sister in-law of the present petitioner and since she did not succeed in her writ petition, another writ petition has been filed by the petitioner. 3.

The aforesaid writ petition seeking identical reliefs, in respect of the same property, was disposed of by this Court vide Order dated 10th September, 2025, on the basis of averments made in the counter-affidavit filed by the MCD in the said petition. Paragraphs 4 and 5 of the said order are set out below:

"4. The relevant portions of the counter affidavit filed by the MCD, reads as under:

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

xxx xxx xxx"

5. In view of the said counter affidavit filed by the MCD, no further directions are required to be passed by this Court." 4.

Pertinently, it is the petitioner's own case that the unauthorized construction began in early 2025, however, the present writ petition has been filed only in May, 2026.

5.

The petitioner raises disputed questions of fact which cannot be raised in writ jurisdiction.

6.

In view of the aforesaid order passed by the Court in the aforesaid writ petition, this Court is not inclined to entertain the present writ petition. 7.

Accordingly, the present writ petition, is dismissed. All pending applications stand disposed of.

8.

Liberty is given to the petitioner to take appropriate remedies that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

may be available in law.

AMIT BANSAL, J MAY 7, 2026 Rzu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.