The Delhi High Court dismissed a writ petition regarding illegal construction on the petitioner's property. The court refused to intervene because the petitioner had already filed a civil suit for mandatory demolition of the same property, citing the principle against pursuing parallel remedies for the same relief.
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RASHIDUDDIN MALIK .....Petitioner Through: Mr. Nazimuddin Ahmad, Mr. Anil Kumar Yadav, Mr. Umesh Kumar and Mr. Afsar, Advocates.
Versus
GOVT OF NCT DELHI AND ORS. .....Respondents Through: Ms. Rachita Garg, Mr. Agam Rajput and Ms. Preeti, Advocates for R-1. Mr. Abhishek Mahajan, Advocate for R-2/MCD.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
CM APPL. 6839/2025
W.P.(C) 1412/2025
226 of the Constitution of India seeking the following reliefs:-
“i. It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue a Writ in the nature of MANDAMUS or any other appropriate Order / Direction of like nature directing the Respondent. 1-2, forthwith demolish the illegal construction being constructed in the property of the Petitioner.
ii. It is also requested to direct the respondent to fix the accountability of the ground staff who are posted at the area during the illegal construction and punish them.
iii. It is also requested direct the STF/MCD to demolish the property in question forthwith.”
W.P.(C) 1412/2025 Page 1 of 3
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 11/02/2025 at 11:05:46
W.P.(C) 1412/2025 Page 2 of 3
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 11/02/2025 at 11:05:46
JYOTI SINGH, J
FEBRUARY 04, 2025/shivam
W.P.(C) 1412/2025 Page 3 of 3
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 11/02/2025 at 11:05:46
1 issue framed by the court
Whether a writ petition seeking demolition of illegal construction is maintainable when the petitioner has already filed a civil suit for mandatory injunction on the same property.
Rashiduddin Malik
GOVT OF NCT DELHI
MCD
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
