1. Petition seeking participation in survey of old tehbazari holders as legal heir of deceased license holder. (Para 3 , 4 )
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2026 Supreme(Online)(Del) 20286
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Deepak Mishra – Appellant
Versus
New Delhi Municipal Council – Respondent
W.P.(C) 12837/2026
Advocates:
For the Appellants/Petitioners: Bharat Aggarwal
For the Respondents: Shobha Gupta
For the Appellants/Petitioners: Bharat Aggarwal
For the Respondents: Shobha Gupta
A legal heir of a joint license holder must provide necessary no-objection certificates or permissions from other joint holders to participate in a survey for license regularization.
Headnote:(A) Administrative Law - Tehbazari License - Survey for regularization - Participation of legal heirs - Where a license is held jointly, a single legal heir of one joint holder cannot claim participation in a survey without demonstrating consent or providing no-objection certificates from other joint holders. (Para 9, 10)
(B) Procedural Compliance - Representation - Verification of documents - The authority (NDMC) is entitled to examine records and verify affidavits/no-objection certificates before deciding on a representation for participation in a survey. (Para 11)
Issues: Whether the petitioner, as a legal heir of one of the joint license holders, is entitled to participate in the survey conducted by the NDMC.
Result: Petition disposed of with directions to NDMC to consider the representation upon verification of documents.
Legal Category Hierarchy
Table of Contents
2. Petitioner claims right to participate in survey; MCD submits representation will be considered as per law. (Para 4 , 5 )
3. License is joint in names of petitioner's father and another; no permission from co-licensee produced. (Para 7 , 8 , 9 )
4. Participation in survey cannot be granted without permission from co-licensee; authority to examine and decide. (Para 10 , 11 )
5. Petition disposed; NDMC to examine record and decide representation in accordance with law after verifying no-objection. (Para 11 , 13 )
6. Can a single legal heir of a joint tehbazari licensee claim participation in a survey without co-licensee's permission?
No. The court held that without permission from the co-licensee, participation in the survey cannot be granted in that manner. (Para 8 , 9 , 10 )
7. What is the appropriate course for the authority when a claim is made by one heir without co-licensee's consent?
The authority must examine the record, verify any no-objection or affidavit from the co-licensee, and then decide the representation in accordance with law. (Para 11 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 59640/2026 (for exemption) & CM APPL. 59641/2026 (for exemption)
2. Allowed, subject to all just exceptions. Applications are disposed of.
W.P.(C) 12837/2026
3. The present petition has been filed by Mr. Deepak Mishra, son of Late Mr. Jagat Dev Mishra, claiming to be one of the legal heirs of Smt. Kabootri Devi, who was one of the old tehbazari license holders.
4. The case of the Petitioner is that the name of the Petitioner’s father appears in the list of old tehbazari holders as prepared by the NDMC, at serial no. 64 with tehbazari site no. N-77. According to ld. Counsel for the Petitioner the survey of the old tehbazari holders is presently being done by the NDMC but he is not being allowed to participate in the Survey. The prayer therefore is for directions to the MCD to allow him to participate in the survey.
5. Ms. Gupta, ld. Counsel appearing for the NDMC submits that the Petitioner has made a representation just last week i.e., on 24th August, 2026 and the same will be considered as per law.
6. The Court has considered the matter. A list of the tehbazari holders, as prepared by NDMC, gives the following description of the subject tehbazari site:
7. In addition to the above, the Petitioner has also placed on record the order dated 6th March, 2014 passed by the NDMC in respect of transfer/regularization of the subject tehbazari site No. N-77. A perusal of the same, along with the list extracted above, would show that the tehbazari license/permission was transferred in favour of the sons of Smt. Kabootri Devi i.e., in the joint name of Mr. Jagat Dev Mishra and Mr. Satya Dev Mishra.
8. The Petitioner is the son of Mr. Jagat Dev Mishra. The said Mr. Jagat Dev Mishra also had four other children apart from the Petitioner. In respect of the same, the Petitioner relies upon various no objection certificates and affidavits given in his favour, to claim rights to the subject tehbazari license.
9. On a consideration of the matter, and the perusal of the record, it becomes clear that the subject tehbazari license is the joint license of Mr. Satya Dev Mishra and the Petitioner’s father i.e., Mr. Jagat Dev Mishra. However, this writ petition has been filed by only one legal heir of Mr. Jagat Dev Mishra and no permission from Mr. Satya Dev Mishra has been placed on record.
10. Under these circumstances, the permission to participate in the survey cannot be granted in this manner.
11. In the opinion of the Court, it is for the NDMC to examine the record of the Petitioner and proceed in accordance with law in the survey which is being presently conducted. If the Petitioner produces any No Objection or affidavit of Mr. Satya Dev Mishra, the MCD shall verify the same and then decide the representation accordingly.
12. All rights and remedies of parties are left open.
13. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.
