Satynarain v. Municipal Corporation Of Delhi Through Deputy Commissioner & ORS.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16364/2025 & CM APPL. 66997/2025 SATYNARAIN .....Petitioner Through:

Mr. Himanshu, Adv.

versus MUNICIPAL CORPORATION OF DELHI THROUGH DEPUTY COMMISSIONER & ORS.

.....Respondents Through:

Ms. M.S. Oberoi, SC for MCD Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-2

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 29.10.2025 1.

The present writ petition has been filed seeking directions to respondent no. 1 to demolish the unauthorized, illegal and noncompoundable construction over the Plot No. 68-B, Khasra No. 30/3-4, 25/23-24, Block A, Bharat Vihar, New Delhi-110078 and to respondent no. 2 to disconnect the electricity connection of the said premises. 2.

During the course of arguments, learned counsel appearing for the petitioner submits that the petitioner is the owner of the land in question. However, this Court notes that suit filed by the petitioner, claiming ownership of the land in question was dismissed. Subsequently, review petition filed by the petitioner against the judgment and decree dismissing the suit, of the petitioner herein, was also dismissed. 3.

On a pointed query, that the suit filed by the petitioner for possession 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 30/10/2025 at 12:37:08

and mesne profits had been dismissed, learned counsel appearing for the petitioner submits that the petitioner has filed a Regular First Appeal ("RFA") against the said dismissal, which is pending before this Court. 4.

Learned counsel appearing for the Municipal Corporation of Delhi ("MCD"), on advance notice, submits on instructions, that the property in question has been inspected and it was found that there was no on-going construction. Further, the property was found to be occupied and was being used for residential purposes.

5.

Considering the submissions made before this Court, the present writ petition is not found to be maintainable, as no such petition can be filed on the basis of certain presumptions on behalf of the petitioner, especially, which the title and interest of the petitioner in the property in question, is yet to be established.

6.

Accordingly, no merit is found in the present writ petition. 7.

In view of the aforesaid, the present writ petition, along with the pending application, is dismissed.

MINI PUSHKARNA, J OCTOBER 29, 2025/KR 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 30/10/2025 at 12:37:08