M/S D.S.S. Hotel (P) Ltd. vs Govt. Of Nct Of Delhi & Ors
2019 Latest Caselaw 4129 Del

$~A-4
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                            Date of Decision: 04.09.2019
+     W.P.(C) 2821/2016
      M/S D.S.S. HOTEL (P) LTD.                   ..... Petitioner
                     Through    Mr.Rajendra Dutt, Adv.

                          versus

      GOVT. OF NCT OF DELHI & ORS             ..... Respondents
                    Through   Mr.Pramod Kumar and Mr. Shavej
                              Khan, Advs. for R-1.
                              Mr.Parvinder Chauhan and Mr.Nitin
                              Jain, Advs. for R-2
      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J. (Oral)

1. This writ petition is filed by the petitioner seeking a writ of certiorari/mandamus for quashing the order dated 09.02.2016 passed by the Financial Commissioner and the order dated 30.06.2015 of the Additional Collector and restoring the order dated 15.02.2011 passed by the Tehsildar (Vasant Vihar), New Delhi ordering mutation of property in respect of the land in question bearing Khasra No. 430 min(0-4), 431 min (0-11) and 427 min (0-5) situated in the revenue estate of Village Malikpur Kohi @ Rangpuri, New Delhi in favour of the petitioner.

2. The facts and circumstances of the present case are virtually identical to M/S D.S.S. Hotel (P) Ltd. vs. Govt. of NCT of Delhi & Ors in W.P.(C) 2909/2016 wherein a detailed order has been passed dated 4.09.2019. Hence, the same order is passed in the present Writ Petition.

W.P.(C) 2821/2016 page 1 of 2

3. Keeping all the aforenoted issues, it is appropriate to remand the matter back to the learned Financial Commissioner. I accordingly set aside the order of the learned Financial Commissioner dated 09.02.2016. The matter is remanded back for reconsideration in view of the legal proposition stated in the judgment dated 04.09.2019 titled M/S D.S.S. Hotel (P) Ltd. vs. Govt. of NCT of Delhi & Ors in W.P.(C) 2909/2016. The learned Financial Commissioner is requested to expeditiously deal with the aforenoted appeal.

4. The Petition stands disposed of. Pending applications, if any, also stand disposed of.

JAYANT NATH, J SEPTEMBER 04, 2019 rb Corrected and released on 31.10.2019

W.P.(C) 2821/2016 page 2 of 2