The High Court dismissed the writ petition seeking quashing of an order for recovery of dues under the Real Estate (Regulation & Development) Act, 2016, noting the petitioner's alternative remedy via appeal.
Writ petition dismissed with liberty to file appeal before Appellate Tribunal within 15 days.
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Court No. - 39
Case :- WRIT - C No. - 12620 of 2019
Petitioner :- M/S J K G Construction Pvt. Ltd. Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Tinku Singh,Vijay Singh Gour Counsel for Respondent :- C.S.C.,Santosh Kumar Singh,Wasim Masood
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
We have heard Shri Ashok Kumar Singh, learned counsel for the petitioner, Shri Yaseem Masood, learned counsel for respondent nos. 2 & 3 and learned standing counsel for respondent nos. 1 and 4.
The petitioner, in this writ petition, is seeking quashing of the order dated 14.03.2019; whereby, recovery of Rs. 66,90,690/-, including interest, was to be realized from the petitioner on account of not handing over the possession of the flat.
Learned standing counsel, however, points out that the petitioner has a remedy by way of appeal against the order of the Authority under section 43(5) of the Real Estate (Regulation & Development) Act, 2016.
In this view of the matter, we dismiss this writ petition with liberty to the petitioner to file his appeal before the Appellate Tribunal.
In case such appeal is filed within a period of 15 days from today, the Tribunal shall hear the matter, on merits, ignoring the question of limitation.
Order Date :- 15.4.2019 Amit Mishra
2 issues framed by the court
Whether a writ petition for quashing of an order under the Real Estate (Regulation & Development) Act, 2016 is maintainable when an appeal remedy exists.
Whether the petitioner has an alternative remedy by way of appeal before the Appellate Tribunal.
1 provisions across 1 enactments
M/S J K G Construction Pvt. Ltd.
State Of U P
Others
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
