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High Court of DelhiW.P.(C)/17318/2025

Smt Anita Jain v. The Government Of NCT Of Delhi Through Its Chief Secretary & ORS.

2026-04-22Hon'Ble Mr. Justice Purushaindra Kumar Kaurav3 pages

$~62 to 69 and 72 to 75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15632/2025 and CM APPL. 75201/2025 Date of decision: 22.04.2026.

IN THE MATTERS OF:-

SMT ANITA JAIN .....Petitioner versus THE GOVERNMENT OF NCT OF DELHI THROUGH ITS CHIEF SECRETARY & ORS.

.....Respondents With + W.P.(C) 16836/2025 + W.P.(C) 16893/2025 + W.P.(C) 16899/2025 + W.P.(C) 16903/2025 + W.P.(C) 17318/2025 + W.P.(C) 16102/2025 + W.P.(C) 16563/2025 + W.P.(C) 19744/2025 + W.P.(C) 19764/2025 + W.P.(C) 19797/2025 + W.P.(C) 19799/2025 Appearances:- For Petitioners:

Mr. Shiv Charan Garg, Advocate.

For Respondents:- Mr. Shiven Varma, Panel Counsel for R-1 and 2 in item 63, 69 and 75. Mr. Raghvendra Upadhyay, Panel Counsel (GNCTD), Ms. Purnima Jain,

Ms. Shivpa Taneja, Mr. Madhur, Advocates for R-1 and 2 in item no.65 and 68.

Mr Manashwy Jha, Adv. Panel Counsel (Civil), GNCTD Advocate for R-2 in item no.69.

Mr. Abhinav Singh, Advocate for R-GNCTD in item nos. 72 to 75. Mr.Tushar sannu and Mr. Parvin Bansal Advocates in item nos.62, 64 and 67.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV J U D G E M E N T PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1.

One of the objections raised by the respondent in the short affidavit is with respect to the alternate remedy available under Section 72 of the Registration Act, 1908 ('the Act').

2.

The order passed by the Sub-Registrar is under challenge on various grounds.

3.

Having considered the nature of the grievance raised by the petitioner, this Court is of the opinion that the issues raised by the petitioner would require consideration of not only legal submissions, but a factual inquiry as well. Such an exercise can be more appropriately undertaken by the Registrar, through a statutory appeal under Section 72 of the Act. There is no reason for this Court, at this stage, to scuttle the appellate body's power to review.

4.

Insofar as the question of limitation is concerned, since the petitioners were pursuing the present writ proceedings before this Court, liberty is

granted to them to file an application seeking condonation of delay along with the appeal. If such an application is filed, the same shall be considered liberally and in accordance with law.

5.

If the appeal is filed by the petitioners within a period of fifteen (15) days from receiving this order, the same should not be rejected on the ground of limitation.

6.

Let the appeal to be filed by the petitioners, be decided within a period of three months from the date of filing. 7.

With the aforesaid observations and liberty, the instant petitions stand disposed of.

8.

All rights and contentions of the parties are left open. (PURUSHAINDRA KUMAR KAURAV) JUDGE APRIL 22, 2026 Nc