The afore extracted prayer No.(d) under Annexure
P-3 itself would reveal that the writ petitioner had sought
for de-sealing the property only on the approval of its
building plan. We have already noted that the writ
petitioner himself got no case that the building plan
submitted by him was sanctioned. When it was not
sanctioned and the direction to the DCB under Annexure
P-3 order dated 25.09.2020 was only to consider the
application for sanction of the building plan in
accordance with the prevailing building regulations and
bye laws, the writ petitioner cannot be allowed, now, to
contend that the DCB got an obligation to de-seal the
property of the writ petitioner. In the light of the position
obtained from Annexure P-3 order dated 25.09.2020 that
SLP (C) No.8866 of 2020 was disposed of only with a
direction for consideration of his application for sanction
of building plan, even after noting the fact that the
property has been sealed and the Writ Petition (C)
No.723 of 2020 heard along with the SLP was dismissed
as not pressed under the said order, the prayer of the
petitioner to issue a writ of mandamus in the absence of
any legal right at this stage, cannot be granted. There
cannot be any doubt with respect to the fact that the
question of de-sealing is also a matter which is
intertwined with the issues arising for consideration in
the pending Civil Suit, in view of the attendant
circumstances. At any rate, in the light of Annexure P-3
order dated 25.09.2020, the writ petitioner is not legally
entitled to seek such a prayer at this stage. In the said
circumstances, the Writ Petition has to fail as the prayer
sought for therein is not grantable at this stage. {Para 15}
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE/ORIGINAL JURISDICTION
Civil Appeal Nos. 4538-4539 of 2023
Ram Kishan (Deceased) Vs Manish Kumar & Anr.
Author: C.T. RAVIKUMAR, J.
Dated: July 24, 2023.
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