The High Court of Chhattisgarh dismissed a writ petition challenging an order under the Real Estate (Regulation and Development) Act, 2016. The Court held the petition was not maintainable as an alternative statutory remedy existed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2373 of 2021
Versus
| --------------------------------------- For Petitioner |
------------ : |
------------------------------------------------------------- Shri Harshwardhan Parganiha, Advocate |
|---|---|---|
| For Respondent No. 1 | : | Shri Shrijan Shukla, Advocate |
| For Respondent No. 2 | : | Shri R.S. Marhas, Advocate |
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
23.07.2021
Heard
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barred by time. He further submits that the original order was passed on 27.02.2021, consequently, the petition was preferred before this Court as the Appellate Tribunal was not functional at that time. He would further submit that the execution proceeding are being carried out pursuant to the original order dated 27.02.2021 which is also required to be stayed as otherwise the merits of case would be defeated.
Sd/-
(Goutam Bhaduri) Judge
Jyoti
1 issue framed by the court
Whether the writ petition is maintainable when an alternative statutory remedy under Section 58 of RERA is available.
1 provisions across 1 enactments
Ram Kumari Kaushik W/o Santosh Kaushik
Kiran Bhajgawali
Dhara Infrabuild Private Limited
Kalpana Soni
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
