Sabina Shamim Vs Govt. of NCT of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

Sabina Shamim Vs Govt. of NCT of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether it was appropriate for the petitioner to challenge the order dated 21.09.2023 in the instant writ petition, given that the remedy under Section 72 of the Registration Act, 1908 had been availed against it and the appellate authority's order was already under challenge in a pending civil suit. +2 more

Court's answer

Leaving all questions open to be adjudicated by the court of competent jurisdiction, the Court was not inclined to issue a writ of certiorari against the respondents.

Ratio / Principle

Since the petitioner had availed the remedy under Section 72 of the Registration Act, 1908 against the order dated 21.09.2023, and that order had merged in the appellate authority's order which is itself the subject matter of a pending civil suit, it would not be appropriate to challenge the order dated 21.09.2023 in the instant writ petition.

Key takeaways

It was clarified that the applicability of the circular dated 14.08.2025 will have to be looked into by the concerned court.obiter¶¶17
The rights and contentions of the parties were left open.obiter¶¶16

Detailed headnote1 paragraphs

W.P.(C) 2733/2025, High Court of Delhi (Purushaindra Kumar Kaurav, J.), order dated 23.03.2026 — Dismissed. The petitioner sought to challenge orders dated 21.09.2023 and 24.07.2023 in writ. The Court found that against the order dated 21.09.2023 the remedy under Section 72 of the Registration Act, 1908 had already been availed, and that the petitioner had thereafter challenged the appellate authority's order in a civil suit which remained pending. Since the order dated 21.09.2023 stood merged in the appellate authority's order, which itself was the subject matter of the pending civil suit, the Court held it would not be appropriate to challenge that order in the writ petition and was not inclined to issue a writ of certiorari, leaving all questions open to be adjudicated by the court of competent jurisdiction. The Court clarified that the applicability of the circular dated 14.08.2025 would have to be looked into by the concerned court, and left the rights and contentions of the parties open. The pending application was disposed of.

$~26

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 2733/2025 & CM APPL. 63731/2025 SABINA SHAMIM

.....Petitioner Through: Mr. Anuj Aggarwal, Mr. Kanishk Rana, Ms. Nisha Bhardwaj, Advocates.

versus

GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through: Ms. Rachita Garg, Advocate for GNCTD

CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R % 23.03.2026

Heard Mr. Anuj Aggarwal, learned counsel, who appears on behalf of the petitioner. He submits that the impugned orders passed by the authority concerned on 21.09.2023 and 24.07.2023 are dehors the provisions of law. According to Mr. Anuj Aggarwal, if the government notification dated 14.08.2025 is considered in right prospective, it would clearly indicate that there is no such requirement stipulated therein.

The Court, however, finds that against the order dated 21.09.2023, the remedy under Section 72 of the Registration Act, 1908 has been availed by the petitioner. The petitioner, thereafter, has challenged the order passed by the appellate authority in a civil suit, that civil suit remains pending.

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 27/03/2026 at 13:20:42

Under the aforesaid circumstances, it would not be appropriate to challenge the order dated 21.09.2023 in the instant writ petition. Since the said order stood merged in the order passed by the appellate authority and the order passed by the appellate authority is subject matter of civil suit, therefore, leaving all those questions open to be adjudicated by the Court of competent jurisdiction, the Court is not inclined to issue Writ of Certiorari against the respondents. It is also clarified that the applicability of the circular dated 14.08.2025 will have to be looked into by concerned Court.

Accordingly, the writ petition stands dismissed. Pending application also stands disposed of.

The rights and contentions of the parties, however, are left open.

It is also clarified that the applicability of the circular dated 14.08.2025 will have to be looked into by concerned Court.

PURUSHAINDRA KUMAR KAURAV, J

MARCH 23, 2026/ar

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 27/03/2026 at 13:20:42