$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010211462025 + W.P.(C) 4871/2025 & CM APPL. 22452/2025, CM APPL. 66382/2026 MAHENDRA KUMAR SEHGAL AND ORS.....Petitioner Through: Mr. Satyajit Sarna & Mr. Aman Goyal, Advs. versus GREATER KAILASH II WELFARE ASSOCIATION AND ANR & ANR. .....Respondents Through: Mr. Udian Sharma (through V.C.), Mr. Manav Mitra, Mr. Harsha Sidhwani, Mr.
Prabal Pratap & Ms. Subhika Joshi, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 25.09.2026 1. By the present petition, the petitioner seeks as under: - i. Issue an appropriate writ in the nature of certiorari under Article 226 of the Constitution of India, 1950 or any other appropriate writ to the Respondent No. 1, quashing the Memorandum of Greater Kailash – II Welfare Association, as amended vide extra-ordinary general meeting dated March 30, 2025, and the Guidelines for Builders issued by the Greater Kailash – II Welfare Association, dated March 31, 2025; ii.
Issue an appropriate writ in the nature of prohibition under Article 226 of the Constitution of India, 1950 or any other appropriate writ to the Respondent, restraining the Respondent No. 1 from taking any steps in furtherance of, or giving effect to, the Memorandum of Greater Kailash – II Welfare Association, as amended vide extra-ordinary general meeting dated March 30, 2025, and the Guidelines for Builders issued by the Greater Kailash – II Welfare Association, dated March 31, 2025; iii.
Issue an appropriate writ in the nature of mandamusThis is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2026 at 20:01:43 under Article 226 of the Constitution of India, 1950 or any other appropriate writ to the Respondent No. 1, directing the Executive Committee of the Greater Kailash – II Welfare Association, to publish the audited annual accounts of the Greater Kailash – II Welfare Association on its website, www.gk2wa.com; iv.
Issue an appropriate writ in the nature of mandamus under Article 226 of the Constitution of India, 1950, or any other appropriate writ to the Respondent No. 2, directing the Respondent No. 2 to investigate and seek cancellation of the registration of the Greater Kailash – II Welfare Association; v. Pass such other order/s which this Hon’ble Court deems just and proper in the ends of justice and in the circumstances of this case.” 2.
Learned counsel for Respondent No. 1, at the outset, submits that Memorandum of Association (‘MoA’) and the Builder’s Guidelines are not binding on the petitioners or on any person who does not want to be member of Respondent No. 1 Association.
3. Hence, the prayer sought does not require adjudication in view of the above statement that the MoA and the guidelines are not applicable / binding on the Petitioner or any other person who does not wish to be the member of Respondent No.
1. 4.
Needless to say, this Court has not adjudicated upon the aspect of maintainability or issues which have now been rendered academic. All rights and contentions with respect to the same remain open and may be considered if any grievance arises in future.
5. Accordingly, the petition is disposed of. Pending applications also stand disposed of. AMIT MAHAJAN, J SEPTEMBER 25, 2026 “SK”This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2026 at 20:01:43