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$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15707/2025 & CM APPL. 64312/2025 HANSRAJ .....Petitioner Through: Ms. Jyoti Nambiar, Adv. Mob: 9899127654 Email: counseljyoti@gmail.com versus GOVT OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Rachita Garg and Mr. Agam Rajput, Advs. for R-1/GNCTD Mob: 7838066417 Email: rachitagargoffice@gmail.com Mr. Vikas Chopra, SC for MCD, with Mr. Neeraj Kumar, Ms. Khushi and Mr. Anita R. Mishra, Advs. for MCD Mob: 9212036118 Email: chopra.company@gmail.com Mr. Manoj Kumar Tyagi, SPC with Mr. Braham Prakash Gahlot and Ms. Prachi Verma, Advs. for R-3 and 5. Mob: 9811108413 Email: manojtyagi.adv@gmail.com Mr. Gourav Garg, Adv. for R-7 Mob: 9718695053 This is a digitally signed order. 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 16/10/2025 at 14:24:44
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 13.10.2025
1. The present writ petition has been filed seeking directions to the respondent nos. 1 to 5, to take action against the illegal construction, being carried out by respondent nos. 6 and 7, in Khasra No. 25/4, Village Tajpur Kalan, Delhi-36.
2. Responding to the present writ petition, learned counsel appearing for the respondent no. 7 submits that the petitioner herein has already filed a similar application in the suit for partition, i.e., C.S.(OS) No. 953/2024, titled as “Hansraj Versus Pawan and Ors.”, which is pending. He submits that an application, being I.A. No. 24978/2025, has been filed in the said suit, i.e., C.S.(OS) No. 953/2024, by the petitioner herein, seeking similar relief.
3.
Learned counsel appearing for the respondent no. 7 further submits that the present petition would not be maintainable, on that account.
4. He further submits that the plot where construction is being carried out, is not part of the plot for which partition has been sought. Moreover, respondent no.7 is constructing on Plot No. 83, Khasra No. 25/4, Village Tajpur Kalan, Delhi.
5. However, learned counsel appearing for the petitioner submits that the suit has been filed for partition of Khasra No. 25/4, Village Tajpur Kalan, which also includes the two plots, wherein construction is being carried out. She, thus, submits that the right of the petitioner herein shall be affected. This is a digitally signed order. 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 16/10/2025 at 14:24:44
6. If that be the case, the petitioner cannot be allowed to resort to multiplicity of proceedings, when the petitioner has already filed a substantive application in the pending suit.
7. The documents, as handed over to this Court, by learned counsel appearing for respondent no. 7, are taken on record.
8. Noting the aforesaid, the present writ petition, along with the pending application, is accordingly disposed of.
MINI PUSHKARNA, J OCTOBER 13, 2025/SK This is a digitally signed order. 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 16/10/2025 at 14:24:44