Disposed

Sanjeev Kumar Meena S/O Shri Prahalad Narayan Meena v. State of Rajasthan

Rajasthan HC12 Jan 2024CW/143/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions to the District Collector to complete recovery proceedings against a real estate developer under the RERA Act. The High Court directed the Collector to pass appropriate orders after affording hearing within three months.

What did the court decide?

The District Collector, Jaipur is directed to pass appropriate orders after affording due opportunity of hearing expeditiously within three months.

Sanjeev Kumar Meena S/O Shri Prahalad Narayan Meena Vs… — Consumer Protection | Rajasthan HC (2024)

¶1

[2024:RJ-JP:2210]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 143/2024

¶4

Sanjeev Kumar Meena S/o Shri Prahalad Narayan Meena, Aged About 41 Years, R/o C-25B, Kartarpura, J.P. Colony, Ward No. 9, Jaipur, Tonk Phatak, Jaipur, Rajasthan.

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, through Principal Secretary, Urban Development and Housing Department, Government Secretariat, Jaipur (Raj.).

¶8

District Collector, the District Collector, Collectorate Campus, 230, Madho Singh Rd, Bani Park, Jaipur, Rajasthan 302006

¶9

The Rajasthan Real Estate Regulatory Authority, through Its Registrar, 2Nd Floor, Udhyog Bhawan, C-Scheme, Jaipur, Rajasthan.

¶10

M/s V.N. Buildtech Private Limited, through His Authorized Representative Exclusive-444 at Khasra No.705/1, 705/2, 703 and 706 at Village Sri Kishanpura, Sector 37, Jagatpura, Tehsil Sanganer Jaipur, Rajasthan.

¶11

----Respondents

¶12

For Petitioner(s) : Ms. Apoorva Agarwal, Adv. for Mr. Agarwal, Adv.

¶13

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

¶14

Order

¶15

12/01/2024

¶16

The instant writ petition has been filed by the petitioner with

¶17

the following prayer:-

¶18

“i. By issuing appropriate writ order or direction, respondent No.2 may be directed to complete the recovery proceedings within a period of 2 months. ii. By issuance of an appropriate writ order or directions respondent No.4 may be directed to comply with the order dated 05.10.2023 and 26.05.2022 r/w order dated 28.04.2023.

(2 of 3)

[2024:RJ-JP:2210]

[CW-143/2024]

iii. By issuance of an appropriate writ order or directions respondent no.4 may be directed to comply with the order dated 26.05.2022 r/w order dated 28.04.2023 in RAJ-RERA-C-2020-3513 SANJEEV KUMAR MEENA V. V.N. BUILDTECH PVT. LTD. and further directed to refund the entire amount and to pay the arrears due in lieu of the interest.

¶23

iv. Any other appropriate relief, which is deemed just and proper in above-mentioned facts and circumstances, may also be granted to the petitioners along with the cost.

¶24

v. Any other order or direction as this Hon’ble High Court may deem fair, just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.”

¶25

Counsel for the petitioner submits that the complaint filed by the petitioner under the provisions of the Real Estate (Regulation and Development) Act, 2016 was allowed by the Real Estate Regulatory Authority, Jaipur (for short ‘the Authority’) with direction to the respondent No.4 to pay interest to each of the applicant. Counsel submits that the aforesaid order was passed by the Authority on 26.05.2022 and the respondent No.4 was supposed to comply with the aforesaid order within a fixed period but in spite of passing of considerable time, the order was not complied with, hence, under these circumstances, an application was submitted before the Authority by the petitioner for compliance of the aforesaid order. Counsel submits that the said application was also allowed by the Authority on 05.10.2023 and the District Collector concerned was directed to initiate the recovery proceedings against the respondent No.4.

¶26

Counsel submits that in spite of passing of more than one year till date the District Collector has not implemented the orders passed by the Authority. Counsel further submits that the

(3 of 3)

[2024:RJ-JP:2210]

[CW-143/2024]

aforesaid order passed by the Authority has not been challenged by the respondents before any Competent Authority of law, hence, those orders have become final. Counsel submits that the District Collector, Jaipur may be directed to implement the above orders expeditiously within a fixed time frame.

¶31

The prayer made by the counsel for the petitioner appears to be genuine.

¶32

The District Collector, Jaipur is directed to pass appropriate orders after affording due opportunity of hearing to all the parties, expeditiously as early as possible preferably within a period of three months from the date of receipt of certified copy of this order.

¶33

The instant writ petition stands disposed of.

¶34

Stay application and all applications, pending if any, also

¶35

stand disposed of.

¶36

(ANOOP KUMAR DHAND),J

¶37

MR/18

Sanjeev Kumar Meena S/O Shri Prahalad Narayan Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Meena S/O Shri Prahalad Narayan Meena 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

Parties & counsel

Coram

Case details

Similar cases

Prahalad S/O Shri Hanuman Vs the State of Rajasthan

Kajod Mal S/O Shri Binja Ram Vs State of Rajasthan

Pappu Singh Jaat S/O Hanumanram Chaudhary Vs the State of Rajasthan

Sh. Neelu Rawat S/O Shri Prakash Narayan Vs State of Rajasthan

Meenu Devi W/O Late Shri Jitendra Meena Vs State of Rajasthan

Shri Brij Mohan Choudhary S/O Shri Gajanand Choudhary Vs Jaipur Development Authority