Dismissed¶18

Patel Advance Jv Thru. Authorized Representative Rajneesh Kumar v. Shri Arvind Mehta

Allahabad HC12 Jan 2026RERA/100/2025

Case brief

AI extract

What is this about?

Withdrawal of RERA appeal; merger of Real Estate Appellate Tribunal order dated 02.07.2025 in U.P. Real Estate Regulatory Authority order dated 06.11.2025; appeal held infructuous and dismissed as withdrawn; liberty to pursue statutory remedy before U.P. Real Estate Appellate Tribunal with all pleas left open; Patel Advance JV v. Arvind Mehta; High Court of Judicature at Allahabad, Lucknow Bench; RERA Appeal No. 100 of 2025; CMA No. IA/6/2026; Syed Qamar Hasan Rizvi, J.; decided January 13, 2026.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to the appellant to approach the U.P. Real Estate Appellate Tribunal to avail the statutory remedy as per law, leaving open all pleas available to him under the law. ¶18

Patel Advance Jv Thru. Authorized Representative Rajneesh Kumar vs Shri Arvind Mehta — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the application for withdrawal of the appeal should be allowed, the appellant having submitted that the impugned Tribunal order dated 02.07.2025 has merged in the U.P. Real Estate Regulatory Authority order dated 06.11.2025, rendering the appeal infructuous, with liberty to raise all available pleas before the U.P. Real Estate Appellate Tribunal.

¶12

Court's answer

The instant application for withdrawal of the appeal is allowed.

¶13

Ratio / Principle

The appeal is dismissed as withdrawn with liberty as aforesaid.

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Key takeaways

Liberty is granted to the appellant to approach the U.P. Real Estate Appellate Tribunal to avail the statutory remedy as per law, leaving it open to the appellant to raise all pleas available to him under the law.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Syed Qamar Hasan Rizvi, J. — RERA Appeal No. 100 of 2025, Patel Advance Jv (through Authorized Representative Rajneesh Kumar) v. Shri Arvind Mehta; order dated January 13, 2026. On application CMA No. IA/6/2026 for withdrawal, counsel for the appellant/applicant submitted that the U.P. Real Estate Regulatory Authority had decided the complaint vide order dated 06.11.2025 in pursuance of the order dated 02.07.2025 passed by the Real Estate Appellate Tribunal (the impugned order), which had thereby merged in the later order, rendering the present appeal infructuous; the appellant sought leave to withdraw and to approach the U.P. Real Estate Appellate Tribunal raising therein all pleas and grounds available under law. Allowing the application, the Court dismissed the appeal as withdrawn with liberty to the appellant to approach the U.P. Real Estate Appellate Tribunal to avail the statutory remedy as per law, leaving it open to him to raise all pleas available under the law.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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RERA APPEAL No. - 100 of 2025

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Patel Advance Jv Thru. Authorized Representative Rajneesh Kumar

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.....Appellant(s)

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	Versus
Shri Arvind Mehta		.....Respondent(s)
Counsel for Appellant(s)	: Rohit Jaiswal, Mohit Gupta	Brij Mohan Singh,
Counsel for Respondent(s)	: Hairdaya Narain Pandey, Atul Singh	Tiwari, Ankit Kumar Tiwari, Hari Mangal

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Court No. - 19

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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(CMA No. IA/6/2026-Application for Withdrawal)

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Heard Shri Rohit Jaiswal, learned counsel for applicant/appellant, Shri H.N. Tiwari & Shri Ankit Kumar Pandey, learned counsel for respondent and perused the material available on record.

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Learned counsel appearing for applicant/appellant submits that U.P. Real Estate Regulatory Authority has decided the complaint vide order dated 06.11.2025 in pursuance of order dated 02.07.2025 passed by the learned Real Estate Appellate Tribunal.

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He further submits that the impugned order dated 02.07.2025 has now merged in order dated 06.11.0225 passed by the U.P. Real Estate Regulatory Authority, and as such, the present appeal has become infructuous.

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Shri Rohit Jaiswal, learned counsel for applicant/appellant submits that his client intends to withdraw the present appeal with liberty to approach the U.P. Real Estate Appellate Tribunal in appropriate proceedings by raising therein all the pleas and grounds, which are available to him under law.

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In view of the aforesaid, the instant application is allowed and the

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RERA No. 100 of 2025

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appeal is dismissed as withdrawn with liberty as aforesaid.

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(Order on Appeal)

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Since the application for withdrawal of the appeal stands allowed, the instant appeal is dismissed as withdrawn with liberty to the appellant to approach the U.P. Real Estate Appellate Tribunal to avail the statutory remedy as per law while leaving it open to the appellant to raise all pleas available to him under the law.

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(Syed Qamar Hasan Rizvi,J.)

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January 13, 2026

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Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Patel Advance Jv Thru. Authorized Representative Rajneesh Kumar v. Shri Arvind Mehta

Case brief

What is this about?

What did the court decide?

Patel Advance Jv Thru. Authorized Representative Rajneesh Kumar v. Shri Arvind Mehta

Case brief

What is this about?

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What the court decided

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