Disposed

M/S Akriti Landcon Pvt. Ltd. v. State of Rajasthan

Rajasthan HC5 Apr 2021CW/1015/2021

Case brief

AI extract

What is this about?

The petitioner approached the High Court alleging non-functioning of the RERA Appellate Tribunal. The court accepted the respondent's undertaking not to pursue execution and disposed of the petition on that condition.

What did the court decide?

The writ petition is disposed of on the undertaking of respondent No.4 not to pursue execution proceedings till the Tribunal hears the matter.

M/S Akriti Landcon Pvt. Ltd. Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

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(1 of 2)

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[CW-1015/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1015/2021

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M/s Akriti Landcon Pvt. Ltd., Having Its Registered Address At Shreenath Estate, Station Road, Kota - 324002 Through Its Director Shri Lalit Chaturvedi (Din No. 01951653) R/o B-89, Indira Vihar, Kota.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Udh (Urban Development And Housing) Having Its Office At Government Secretariat, Jaipur.

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Real Estate Regulatory Authority (Designated), Rajasthan, Nagar Niyojan Bhawan, Jln Marg, Jaipur, Rajasthan, Through Its Secretary /registrar.

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The Real Estate Appellate Tribunal, Rajasthan, (Rera Appellate Tribunal) (Under The Real Estate Regulation And Development Act, 2016, Through Its Registrar.

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Mr. Mukesh Kumar Goyal S/o Ramesh Chand Goyal, 43, Railway Housing Society, Mal Road, Kota Junction, Kota, Rajasthan.

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----Respondents For Petitioner(s) : Mr. Ankit Jain for Mr. Manak Chand Jain For Respondent(s) : Mr. Sunil Kumar Garg for Mr. Manoj Kumar Avasthi for respondent No.4

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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05/04/2021

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It is stated that the Rajasthan Real Estate Appellate Tribunal (RERA) has not started functioning in spite of the Chairman having been appointed.

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Learned counsel for respondent No.4 submits that the Tribunal is in the process to start functioning and the respondent/s

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(2 of 2)

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[CW-1015/2021]

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would not initiate pursue execution proceedings as the appeal has already been filed by the petitioner. Copy of the appeal has also been provided to the respondent.

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Learned counsel submits that as the appeal has already been preferred by the petitioner, the present writ petition would not lie. I have considered the submissions.

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Keeping in view the statement and undertaking of the respondent No.4 with regard to not pursuing the execution, this writ petition is disposed of with observation that the undertaking shall only continue till the Tribunal takes up the matter for the first time for hearing. It will be left open for the Tribunal to pass orders

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on stay as it deems appropriate.

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(SANJEEV PRAKASH SHARMA),J

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Pcg80

M/S Akriti Landcon Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S Akriti Landcon Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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