Disposed

Jss Buildcon Pvt. Ltd. and Another v. State of U.P. and 4 Others

Allahabad HC6 Sept 2023WRIC/29569/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by directing petitioners to file an appeal under Section 43 (5) of the RERA Act, 2016 within one month, and stayed coercive steps for 45 days or until interim application disposal.

What did the court decide?

Direction to file appeal under Section 43(5) of RERA Act 2016 within one month; stay of coercive steps for 45 days regarding interim applications.

Jss Buildcon Pvt. Ltd. and Another… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Chief Justice's Court

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Case :- WRIT - C No. - 29569 of 2023

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Petitioner :- Jss Buildcon Pvt. Ltd. And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeharika Sinha Narayana,Anadi Krishna Narayana Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Shri Mohd. Afzal, learned counsel for the respondent no. 4.

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From the perusal of record it appears that the petitioners have an alternative remedy of filing an Appeal under Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016.

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Learned counsel for the petitioners has some apprehension in his mind that the Appeal will take much time for its disposal which may not be fruitful. He submits that considering the amount of work pending before the RERA it would be difficult for the petitioners to get any relief.

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Counsel appearing for the respondent no. 4 submits that the petitioners can always point out the urgency in the matter before the Appellate Authority.

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Learned State Counsel submits that in the eventuality of filing Appeal, the same would be decided expeditiously and till then some protection can be granted.

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In view of the above, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the petitioners to file an Appeal, before the authority concerned, under Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016, within one month from today. In the eventuality of filing such an Appeal by the petitioners, it is expected that the Appellate Authority shall proceed to decide the appeal on its merits ignoring

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the point of limitation, expeditiously. Further, in the eventuality of filing any application, by the petitioners, seeking interim relief the same shall be decided in accordance with law.

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Till 45 days, from today, or till the disposal of the interim application no coercive steps shall be taken against the petitioners. Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the Appellate Authority to pass appropriate orders, strictly in accordance with law.

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Order Date :- 6.9.2023 Deepak/

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(Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.)

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Jss Buildcon Pvt. Ltd. and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Jss Buildcon Pvt. Ltd. and Another v. State of U.P. and 4 Others

Case brief

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What the court decided

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