Allowed

Mrs Tanya Chawla Arora & Anr. v. Government of NCT of Delhi & Ors.

Delhi HC2 Sept 2026W.P.(C)/12771/2026

Case brief

AI extract

What is this about?

This order grants an application seeking a writ to dispose of a pending appeal under the Registration Act within four weeks, free from influence by an Enforcement Directorate communication restricting property transfer to a party not involved in the underlying attachment proceedings.

What did the court decide?

Directs competent authority to treat petition as representation and decide issues within three months; application disposed of.

Mrs Tanya Chawla Arora & Anr. Vs Government of NCT of Delhi… — Property and Title | Delhi HC (2026)

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$~87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010412982026

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- W.P.(C) 12771/2026 & CM APPL. 59259/2026

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MRS TANYA CHAWLA ARORA & ANR. .....Petitioners

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Through: Mr. Himanshu Gupta, Advocate

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versus

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GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents

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Through: Ms. Harshita Nathrani, Advocate for Mr. Sameer Vashisht, Standing Counsel for GNCTD/R-1 and R-3. Mr. Annirudh Sharma and Mr. Ankit Swami, Advocates for R-2/ED.

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CORAM:

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HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 02.09.2026

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CM APPL. 59258/2026 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 12771/2026 & CM APPL. 59259/2026

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By way of the present petition, the petitioners are seeking following reliefs:

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“...a) Issue a writ of Mandamus directing Respondent No. 3, being the concerned appellate authority/Registrar, to forthwith take up, hear and decide the Petitioners’ appeal filed under Section 72 of the Registration Act, 1908 against the refusal order dated 23.11.2023, which has remained pending since 05.01.2024 without any effective hearing despite being listed on more than twenty-five occasions, and to

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This is a digitally signed order.

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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 08/09/2026 at 11:53:49

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decide the same within a fixed period, preferably four weeks from the date of receipt of the order of this Hon’ble Court, strictly on its own merits and without being influenced, guided or prejudiced by the communication/order issued by the Directorate of Enforcement or the observations contained in the impugned refusal order dated 23.11.2023;

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b) in the event the concerned District Magistrate is unable or unavailable to hear the appeal, direct the competent superior authority to assign the Petitioners' appeal to another competent and duly authorised appellate authority/Registrar, so that the statutory remedy available to the Petitioners is rendered effective;

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c) direct the concerned appellate authority to examine the complete record, including the Petitioners' registered title documents, Sale Deed dated 17.10.2023, refusal order dated 23.11.2023, Presentation Slip No.12497, Provisional Attachment Order No.10/2015 and the property description/schedule forming part thereof;

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d) direct Respondent No. 2/Directorate of Enforcement to withdraw, recall and/or suitably modify the communication/attachment letter 29 issued to the concerned Sub-Registrar, insofar as the same purports to restrain, affect or create any impediment in the registration, transfer or independent sale of the Petitioners’ independently owned Basement Floor/property, particularly when the Petitioners were never parties to the proceedings arising out of ECIR No. 03/AMZO/2015 and Provisional Attachment Order No. 10/2015, and to clarify that the said communication/order shall not operate as a bar or impediment to the Petitioners’ independent and lawful sale of the said property.

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e) in the alternative, if this Hon'ble Court finds that the material placed on record conclusively establishes that the Petitioners' Basement Floor is not covered by the alleged attachment and that there exists no lawful restraint against its transfer, issue an appropriate direction to the concerned Sub-Registrar to process and register the Sale Deed dated 17.10.2023 in accordance with law...”

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Issue notice.

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Notice is accepted by the learned counsel appearing for respondent no. 2.

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Having heard the learned counsels appearing for the parties, this Court directs the competent authority to treat the present petition as a representation on behalf of the petitioner, and decide the issues raised

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This is a digitally signed order.

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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 08/09/2026 at 11:53:49

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therein with respect to the Basement Floor of Property No. 41, Ram Vihar, Delhi, within a period of three months weeks from date, under intimation to the petitioners and this Court.

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The petitioners are at liberty to approach this Court again, in case the need so arises, by way of filing a fresh writ petition.

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The learned counsel appearing for respondent no. 2 is directed to send clarification, if any, directly to respondent nos. 1 and 3.

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In above terms, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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SEPTEMBER 02, 2026/zp TD

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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 08/09/2026 at 11:53:49

Mrs Tanya Chawla Arora & Anr. v. Government of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mrs Tanya Chawla Arora & Anr. v. Government of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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