Abhijit Anand v. Municipal Corporation Of Delhi & ORS.

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9108/2024 & CM APPL. 37270/2024, CM APPL.37271/2024 ABHIJIT ANAND .....Petitioner Through:

Appearance not given.

versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondent Through:

Mr. Ashutosh Gupta, Adv.

Ms. Shobhana Takiar, SC, DDA for R-2.

Mr. Raghvendra Upadhayay, Panel Councel, GNCTD, Ms. Purnima Jain and Mr. Vaibhav Tripathi, Advs. for R-4.

Ms. Sangeetha Bharti, SC, DJB with Ms. Vidushi Gupta, Adv. for R-5.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 08.07.2024 CM APPL. 37269/2024 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

W.P.(C) 9108/2024 3.

The petitioner alleges various violations with respect to the property in question.

4.

He also submits that the property is required to be used for residential purpose, however, the same is being used for commercial purpose. 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 19/07/2024 at 15:17:10

5.

A perusal of the facts would indicate that the petitioner himself was the tenant in the said property.

6.

In view of the averments made in the petition and upon perusal of the documents that are placed on record, it appears that the petitioner wants to settle his scores with respondent No. 6 and therefore, he has filed the instant writ petition.

7.

It is trite that the remedy under Article 226 of the Constitution of India is equitable and a discretionary one. A party who approaches the Court is expected to invoke the writ jurisdiction with clean hands. On the contrary, the reason for which Article 226 of the Constitution of India appears to have been invoked in the instant case does not involve any element of public law, rather the same is apparently invoked seeking personal benefits. 8.

Thus, under the facts of the present case, the Court is not inclined to entertain the writ petition at the instance of the petitioner. 9.

Accordingly, the same is dismissed along with pending applications. 10.

However, the respondent-MCD is directed to take note of the misuse of the property in question and the respondent-MCD shall take appropriate action, in accordance with law, if necessary. PURUSHAINDRA KUMAR KAURAV, J JULY 8, 2024/NG 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 19/07/2024 at 15:17:10