Disposed

V.N. Buildtech Pvt. Ltd. v. State of Rajasthan

Rajasthan HC5 Oct 2023CW/395/2021

Case brief

AI extract

What is this about?

The High Court held that the petitioner has an alternative efficacious remedy by way of appeal under Section 43 of the RERA Act 2016. Consequently, the writ petition challenging the RERA orders was disposed of, granting liberty to approach the Appellate Tribunal within thirty days.

What did the court decide?

Petition disposed of with liberty to approach the Appellate Tribunal within thirty days.

V.N. Buildtech Pvt. Ltd. Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:26853]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 123/2021

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V.n. Buildtech Pvt. Ltd., Through Its Director, Mr. Navin Hiranandani, Having Its Registered Office At 20, 21, 22, 2Nd Floor, Silver Square Mall, C-18, C-Scheme, Bhagwan Das Road, Near Raj Mandir, M.i. Road, Jaipur (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Urban Development And Housing Department, Having Its Office At Food Building, Secretariat, Jaipur (Rajasthan) - 302005

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Real Estate Regulatory Authority, Rajasthan, Through Its Registrar, Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Rajasthan) - 302005

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Anant Kumar Sharma, Resident Of 171-E, E Shrinathpuram, Kota (Rajasthan) - 324005

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 395/2021

----Petitioner

Versus

State Of Rajasthan, Through Secretary, Urban Development And Housing Department, Having Its Office At Food Building, Secretariat, Jaipur (Rajasthan)-302005.

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Real Estate Regulatory Authority, Rajasthan, Through Its Registrar, Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Rajasthan)-302005.

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Rohitash Kumar Saini Son Of Shri Mahaveer Prasad Saini, Resident Of 116/1, Prakash Nagar, Nagda, Distt Ujjain (Madhya Pradesh)- 456335.

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----Respondents

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(2 of 3) [CW-123/2021]

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[2023:RJ-JP:26853]	(2 of 3) [C
For Petitioner(s)	: Mr. Pranjul Chopra
For Respondent(s)	: Mr. Shailesh Prakash Sharma

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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05/10/2023

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S.B. Civil Writ Petition No. 123/2021

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The present petition has been filed challenging the orders dated 25.04.2019 and 15.01.2020 passed by the Real Estate Regulatory Authority.

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The petitioner has an alternative efficacious remedy of appeal under Section 43 of Real Estate (Regulation and Development) Act 2016.

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Learned counsel for petitioner submits that the issue of interest ordered by the RERA requires consideration.

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Learned counsel appearing for respondents submits that both the parties have entered into an amicable settlement.

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In view of statutory alternative remedy of appeal available to the petitioner against the impugned orders passed by the RERA, this petition is disposed of with liberty to the petitioner to approach the Appellate Tribunal within thirty days.

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Both the parties are at liberty to raise all their grievances before Appellate Tribunal.

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S.B. Civil Writ Petition No. 395/2021

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The present petition has been filed challenging the orders dated 25.04.2019 and 15.01.2020 passed by the Real Estate Regulatory Authority.

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(3 of 3) [CW-123/2021]

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[2023:RJ-JP:26853]

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The petitioner has an alternative efficacious remedy of appeal under Section 43 of Real Estate (Regulation and Development) Act 2016.

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Learned counsel for petitioner submits that the issue of interest ordered by the RERA requires consideration.

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Both the parties are at liberty to raise all their grievances before Appellate Tribunal.

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(GANESH RAM MEENA),J

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PAYAL DHAWAN /69-70

V.N. Buildtech Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

V.N. Buildtech 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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Issues for consideration

Statutes considered

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