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2026 Supreme(Online)(Del) 693

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Rinki Kumari – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
W.P.(C) 18429/2025



Advocates:
For the Appellants/Petitioners: Deepak Pathak, Saquib Nieshat, Zeeshan Ahmed
For the Respondents: Dheeraj Singh, Jayant Singh Chauhan, Balendu Shekhar, Krisshna Chaitanya, Divyansh Singh Dev, Vivek Singh Somvanshi, Ram Anugrah Singh

A court may grant limited, temporary de-sealing of a premises under official supervision to allow a tenant to retrieve personal belongings, without prejudice to the ongoing legal proceedings before the designated Judicial Committee regarding the permanent status of the sealed property.

Headnote:The petitioner filed a writ petition seeking temporary de-sealing of a commercial premises to facilitate the removal of goods and machinery, asserting tenancy rights. The Municipal Corporation of Delhi opposed this, contending that the appropriate remedy for challenging a sealing order lies with the Judicial Committee constituted by the Supreme Court. The Court noted its previous rulings in similar matters where it had allowed temporary de-sealing for the removal of belongings without prejudice to the legal status of the premises. The primary issue was whether a tenant could be granted limited access to a sealed property to retrieve belongings, despite the existence of a broader dispute regarding the legality of the sealing activity. The Court applied the ratio derived from consistency in judicial orders, holding that balancing the rights of a tenant to recover personal property against regulatory sealing requirements is permissible for a limited duration under supervision. The Court allowed the petition, directing the respondent to de-seal the premises for one day under official supervision to enable the petitioner to remove their belongings, with a mandate to re-seal the premises thereafter, while granting liberty to the landlord to approach the Judicial Committee for further relief.

Table of Content
1. petition for temporary access to sealed premises for asset removal. (Para 1 , 2 , 3 , 4 , 5)
2. court establishes procedural guidelines for supervised retrieval of goods. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)

O R D E R

% 12.01.2026

1. The present petition has been filed on behalf of the petitioner seeking a direction to the respondent Municipal Corporation of Delhi (MCD) to temporarily de-seal the premises bearing no. H. No. 23, Ground Floor, Gali No. 2, Shri Colony, Meethapur Extension, Badarpur, New Delhi-110044, for a limited period of two (2) days to enable the petitioner to remove the raw materials and the machines of the petitioner from the aforesaid premises.

2. It is further prayed that the removal process be carried out under the supervision of the officials of the respondent, who may re-seal the premises upon completion of the removal.

3. Counsel for the petitioner submits that, as far as the prayer with regard to permanent de-sealing is concerned, it is for the owner of the premises in question to approach the Judicial Committee, as constituted by the Supreme Court. He submits that the present writ petition has been filed only for a limited prayer for temporary de-sealing of the premises in question, so that the petitioner, being a tenant, is able to take out his goods from the premises in question.

4. Counsel for the petitioner submits that since the petitioner is a tenant in the aforesaid premises, he may be permitted to take out his belongings from the aforesaid premises.

5. Pursuant to the order passed by this Court on 4th December 2025, the respondent no.3/landlord has filed a counter-affidavit. In the counter-affidavit, it is stated that the subject property was rented out to the petitioner for residential purposes through an oral tenancy. Further, it is stated that the respondent no.3/landlord was not aware that the petitioner/tenant was using the said property for commercial purposes.

6. In this regard, counsel has drawn the attention of the Court to a similar order passed in W.P. (C) 15061/2025 dated 26th September, 2025, titled “ Vinod Kumar v. Municipal Corporation of Delhi and Anr. ” and order dated 6th November 2025 passed in W.P. (C) 16624/2025, titled “ Md. Tajuddin Ansari v. Municipal Corporation of Delhi and Anr.

7. In W.P. (C) 16624/2025, a similar objection was taken by the MCD that the remedy of the petitioner would be filing an appeal against the sealing order before the Judicial Committee constituted by the Supreme Court.

8. Keeping in line with the directions passed in the aforesaid writ petitions, it is directed as follows:

i. The respondent no.1/MCD shall effect the de-sealing of the premises in question for one (1) day, from 9:00 AM to 6:00 PM, in order for the petitioner to remove his belongings.

ii. The de-sealing activity shall take place on Friday, 16th January 2026, from 9:00 AM to 6:00 PM.

iii. The respondent no.1/MCD is permitted to video-graph the entire removal process, including taking photographs and making an inventory of the belongings/machinery which is removed by the petitioner.

iv. After the removal, the respondent no.1/MCD shall re-seal the premises on the same day.

9. Liberty is granted to the respondent no.3/landlord/owner of the property in question to file an appeal before the Judicial Committee, as constituted by the Supreme Court.

10. Rights and contentions of the parties are left open.

11. In terms of the directions passed above, the present petition is disposed of.

12. Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

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