SHRI SURENDER KUMAR GUPTA THROUGH HIS SPA SH. RAJIEVE GUPTA vs NEW DELHI MUNICIPAL COUNCIL THROUGH CHAIRPERSON & ANR.

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 123/2025 & CM APPLs. 9819-21/2025 SHRI SURENDER KUMAR GUPTA THROUGH HIS SPA SH. RAJIEVE GUPTA ...Appellant Through: Mr. D.K. Rustagi, Mr. J. Karan Malhotra, Mr. Mohit Nagpal, Ms. Anjali Pandey, Advocates. versus NEW DELHI MUNICIPAL COUNCIL THROUGH CHAIRPERSON & ANR ...Respondents Through: Mr. Sanjay Sharma, ASC, Mr. Ravi K. Chandna, Asst. SC, Mr. Malyaj Sehgal, Mr. Nischal Aggarwal, Advocates for NDMC. % Date of Decision: 18th February, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J : (ORAL) 1. Present letters patent appeal has been filed assailing the impugned judgement dated 22.10.2024 passed by the learned Single Judge dismissing the writ petition bearing W.P.(C) No.14821/2024 titled Surender Kumar Gupta vs. New Delhi Municipal Council & Anr. filed by the appellant, in view of the alternate and efficacious remedy available under the statute. Signature Not Verified Digitally Signed LPA 123/2025 Page 1 of 6 By:VINOD KUMAR Signing Date:21.02.2025 15:34:31 2. It is the case of the appellant that he is the sole successor of the subject property i.e., Ground Floor, First Floor and Second Floor on a commercial-cum-residential plot situated at 84, Janpath, New Delhi- 110001. He claims to have entered into an Agreement to Sell dated 17.05.2022 with one Mr. Gurcharan Singh Bhatia, in respect of part of the subject property. It is stated that the appellant agreed to sell the said portion on specific representation and assurance of Mr. Bhatia to have the requisite know-how, resources to get long pending property tax liability with NDMC duly settled for the entire built-up portion on the Ground Floor and First Floor in the subject property. 3. According to the appellan