M/S Patliputra Builder Pvt. Ltd. Through Its Director v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18763 of 2021 ====================================================== M/s Patliputra Builder Pvt. Ltd. through its Director namely Niranjan Kumar (Male S/o Sri Yadu Nandan Singh Authenticated Attorney of M/s Patliputra Builder Pvt. Ltd R/o West Patel Nagar, Near B. Bhattacharya Clinic, Manas Path, P.s. - Shastri Petitioner.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Vikash Bhawan, Baily road Patna - 800015. 3.

The Officer on special Duty, Bihar Real Estate Appellate Tribunal, Patna - 1. 4.

Real Estate Regulatory Authority, Govt. of Bihar, 4th and 6th floor, Bihar state Building Constructions Corporation Ltd. Complex Shastri Nagar, Patna.

5.

Mr Asutosh Kumar S/o Late Vijoy Narayan Sharma Sarvoday Nagar, P.o. - Mirzapur, Bandwar, Begusarai - 851129. Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Ram Singh, Advocate For the State :

Mr. Subhash Prasad Singh, G.A-3 For the RERA :

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-02-2023 Heard Mr. Jai Ram Singh, learned counsel appearing on behalf of the petitioner, Mr. Subhash Prasad Singh, learned GA-3 for the State and Ms. Kalpana, learned counsel for the Real Estate Regulatory Authority.

Ms. Kalpana, learned counsel appearing on behalf of the RERA seeks permission to file counter affidavit on behalf of the respondent no.3.

The same is accepted. Office is directed to keep the

Patna High Court CWJC No.18763 of 2021(4) dt.01-02-2023 2/2 same on record of the case.

After few arguments, learned counsel appearing on behalf of the petitioner submitted that in view of alternative remedy of appeal as provided under Section 58 of the Real Estate Regulatory Authority Act, 2016 (hereinafter referred to as 'RERA Act, 2016') he seeks to withdraw the present writ petition.

As prayed for on behalf of the petitioner, the present writ petition is dismissed as withdrawn with a liberty to the petitioner to avail alternative remedy as per the provision of Section 58 of the RERA Act, 2016.

Accordingly, the present writ petition is disposed of. (Purnendu Singh, J) Niraj/- U