Dismissed

Ingenious Propcon Guru Pvt. Ltd. v. State of Rajasthan

Rajasthan HC5 Dec 2023CW/893/2021

Case brief

AI extract

What is this about?

Petitioner sought dispose writ petition challenging RERA Regulation 9 and resolution assigning complaints to single members court allowed petitioner to challenge specific order before Appellate Tribunal within 30 days pending applications disposed.

What did the court decide?

Liberty to challenge the order dated 19.09.2019 before the Appellate Tribunal within 30 days.

Ingenious Propcon Guru Pvt. Ltd. Vs State of Rajasthan — Property and Title | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 893/2021

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Ingenious Propcon Guru Pvt. Ltd., Shop No. 6, Vijay Path, Madhyam Marg, Mansarovar, Jaipur -302020 through Director Dharmendra Kumar Wadhwani.

¶4

----Petitioner

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Versus

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State of Rajasthan, through Secretary, Department of Urban Development and Housing, having its office at Food Building, Secretariat, Jaipur -302005 (Rajasthan)

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Rohit Gupta, son of Shri S.K. Gupta, Resident of Plot Number 9, Flat Number 102 Coral Residency Keshav Vihar, Near Ridhi Sidhi, Gopalpura Byepass, Jaipur.

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M/s Aastha Buildhome Developers Pvt. Ltd., through its Director Mr. Saurabh Gupta having its registered office at E-60, Girdhar Marg, Malviya Nagar, Jaipur -302017

¶9

----Respondents

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For Petitioner(s)

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: Mr. Sameer Sharma, Mr. Pranjul Chopra, Mr. Ankur Jain Ms. Anjali Goyal

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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05/12/2023

¶15

Counsel for the petitioner submits that the present writ petition may be disposed of in light of the order dated 17.12.2021 passed by the Division Bench in D.B. Civil Writ Petition No.5474/2021 in the matter of Arihant Dream Infra Projects Ltd. Vs. Rajasthan Real Estate Regulatory Authority & Ors . The order dated 17.12.2021 reads as under:-

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“Main challenges in this writ petition are to Regulation 9 of Rajasthan Real Estate Regulatory

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[CW-893/2021]

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(2 of 2)

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Authority Regulations, 2017 and consequential resolution dated 25.09.2020 of RERA assigning of complaints to single members. Petitioner’s consequential prayer is to set aside an order dated 23.03.2021 passed by the single member of RERA.

¶20

Both these issues are squarely covered by the recent judgment of this Court in case of Union Bank of India Vs. Rajasthan Real Estate Regulatory Authority and Ors. (D.B. Civil Writ Petition No.13688/2021) decided on 14.12.2021. While rejecting the challenge to the regulation and the resolution of RERA the petitioner is allowed to challenge the order dated 23.03.2021 before the Appellate Tribunal for which the petitioner would have 30 days time from today. If such appeal is filed within the time permitted the same shall be decided on merits without raising objection of limitation. The petition is disposed of. Pending applications if any also stand disposed of.”

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In that view of the matter, I dispose of this writ petition with liberty to the petitioner to challenge the order dated 19.09.2019 passed by the Rajasthan Real Estate Regulatory Authority, Jaipur before the Appellate Tribunal for which the petitioner would have 30 days time from today. If such appeal is filed within the time permitted the same shall be decided

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on merits without raising objection of limitation. Pending applications if any stand disposed of.

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Since the main writ petition has been disposed of, the stay application also stands disposed of.

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(ANOOP KUMAR DHAND),J

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MR/28

Ingenious Propcon Guru Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ingenious Propcon Guru Pvt. Ltd. v. State of Rajasthan

Case brief

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