Disposed

Majestic Properties Private Limited v. State of Rajasthan

Rajasthan HC5 Aug 2020CW/3369/2020

Case brief

AI extract

What is this about?

The High Court quashed the impugned orders of the Real Estate Regulatory Authority (RERA) and remanded the matter for fresh adjudication. This decision relied on a prior Division Bench judgment declaring the original RERA constitution invalid. The parties are directed to present themselves before RERA for a new decision.

What did the court decide?

Impugned orders quashed and set aside; matter remanded to RERA for fresh decision.

Majestic Properties Private Limited Vs State of… — Service and Employment | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 3369/2020

¶3

Majestic Properties Private Limited, Having Its Registered Address At 1/18B, Asaf Ali Road, New Delhi 110002 And Site Office At Jaisinghpura, Near Pushp Raj Petrol Pump, Ajmer Road, Jaipur 302001 In The State Of Rajasthan Through Its Authorized Signatory Shri Prashant Sharma.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through The Secretary, Urban Development And Housing Department, Food Building, Secretariat, Jaipur.

¶7

Real Estate Regulatory Authority, Rajasthan Having Its Address At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur 302005 In The State Of Rajasthan

¶8

Vijay Kumar Garg S/o Mr. Kashmiri Lalgarg, Resident Of S-6A, Ramesh Marg, C-Scheme, Jaipur.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Siddharth Ranka For Respondent(s) : Ms. Sudesh Kasana for Mr. Raj Kumar Kasana Mr. Ravi Bhojak

¶11

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶12

Order

¶13

05/08/2020

¶14

This writ petition has been filed against the impugned orders dated 09.07.2018, 21.08.2019, 15.10.2019 and 10.12.2019 passed by the Real Estate Regulatory Authority, Rajasthan (for short “RERA”).

¶15

Both the learned counsels appearing for the petitioner as well as the respondents are at consensus that the controversy

¶16

(2 of 2) [CW-3369/2020]

¶17

involved in this writ petition is squarely covered by a Division Bench judgment of this Court dated 18.12.0218 passed in D.B.

¶18

Civil Writ Petition No.14186/2018, GRJ Distributor and Developers Private Limited Versus Union of India and other connected matters, wherein holding constitution of the RERA bad in law, the matters have been remanded back for a decision afresh on re-constitution of the Authority.

¶19

Learned counsels submit that since then, RERA has been reconstituted and the matter may be remanded back to it for adjudication afresh.

¶20

In view of the submissions made hereinabove, this writ petition is disposed of in terms that the orders impugned herein dated 09.07.2018, 21.08.2019, 15.10.2019 and 10.12.2019 are quashed and set aside. The matter is remanded back to the RERA, Rajasthan for decision afresh. Both the parties are directed to remain present before the RERA on 18.08.2020. The RERA is directed to take a decision on the complaint within a period of four months from the date of appearance of the parties before it.

¶21

In the light of order passed in the writ petition, no order is required to be passed in the application No.1/2020.

¶22

The application stands disposed of accordingly.

¶23

(MAHENDAR KUMAR GOYAL),J

¶24

Sudha/27

Majestic Properties Private Limited v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Majestic Properties Private Limited v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jaipur Kraya Vikraya Sahakari Vs State Cooperative Depaors

Deependra Singh S/O Shri Ombir Singh Vs State of Rajasthan

Kurdaram Vs Narayan Andors

Smt. Madhu Wife of Late Shri Sahab Singh @ Pappu Vs Gambir Singh Son of Shri Ghanshyam

Kamlesh Mithalal Jain Son of Shri Mithalal Moolchand Jain Vs Union of India

Mukesh Saran S/O Shri Ratan Prakash Darji Vs Smt. Veena Meel W/O Banwari Lal