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2022 (2) TMI 1276 - DELHI HIGH COURTSanction of Building plan - case of petitioner is that the plan has been got sanctioned by misrepresentation and not disclosing that there is litigation pending in respect of the subject property - sale of the subject property under the SARFAESI Act - HELD THAT:- The remedy of the petitioner to challenge the sale is either before the DRT or DRAT, which remedy petitioner has already initiated and admittedly there is no interim protection granted to the petitioner. Thus, petitioner cannot approach this Court by seeking to invoke Article 226 of the Constitution of India to indirectly seek the same relief which petitioner has failed to get from DRT and DRAT. The contention of the petitioner that representation of the petitioner given to the Deputy Commissioner, North Delhi Municipal Corporation has remained unanswered and a direction be issued to decide the representation is also of no consequence - The Commissioner, MCD is not the authority to comment upon the proceedings which are pending before the DRT or DRAT under the SARFAESI ACT. Commissioner has to act upon the sale certificate issued and upon the title of the property that today stands vested in respondent Nos.2 to 4. This Court is not inclined to exercise discretionary powers under Article 226 of the Constitution of India - Petition dismissed.
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