Disposed

Shashi Gupta W/O Shri Shiv Kumar Gupta v. State of Rajasthan

Rajasthan HC9 Jan 2024CW/242/2024

Case brief

AI extract

What is this about?

A flat buyer sought enforcement of RERA Authority orders directing a builder to pay interest, which had not been complied with and recovery proceedings had not been initiated by the District Collector. The court directed the District Collector to pass appropriate orders after hearing the parties within three months and disposed of the petition.

What did the court decide?

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

Shashi Gupta W/O Shri Shiv Kumar Gupta Vs State of… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:1265]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 242/2024

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Shashi Gupta W/o Shri Shiv Kumar Gupta, Aged About 66 Years, R/o 69/326, Veer Tejaji Road, Behind O.B.C. Bank, Mansarovar, Jaipur, Rajasthan.

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----Petitioner

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Versus

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

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

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

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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.

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----Respondents

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For Petitioner(s) : Mr. Rishi Raj Maheshwari, Adv.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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09/01/2024

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The instant writ petition has been filed by the petitioner with the following prayer:-

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“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. 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 RAJ-RERA-C-2020-

(2 of 3)

[2024:RJ-JP:1265]

[CW-242/2024]

3994 Shashi Gupta Vs. V.N. Buildtech Pvt. Ltd. and further directed to pay the arrears due in lieu of the interest.

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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.

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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.”

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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 the period prescribed under order 26.05.2022 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. Counsel submits that in spite of passing of considerable period till date the District Collector has not implemented the orders passed by the Authority. Counsel further submits that the aforesaid order passed by the Authority has not been challenged by the respondents before any Competent

(3 of 3)

[2024:RJ-JP:1265]

[CW-242/2024]

Authority of law, hence, 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.

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

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

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The instant writ petition stands disposed of.

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Stay application and all applications, pending if any, also

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stand disposed of.

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(ANOOP KUMAR DHAND),J

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MR/7

Shashi Gupta W/O Shri Shiv Kumar Gupta v. State of Rajasthan

Case brief

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Shashi Gupta W/O Shri Shiv Kumar Gupta v. State of Rajasthan

Case brief

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