Amita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15667 of 2025 ====================================================== Amita Singh Wife of Jeevan Jyoti Kushwaha, Resident of Plot no 357, 35 Feet, Dwarikapur, Bishunpur Pakari, Behind Quantum Apartment, PS- Beur, 70 Feet Road, Patna, 800002.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna, Bihar. 2.

The Collector, District- Patna.

3.

The Secretary, Real Estate Regulatory Authority Bihar, 4th/6th Floor, BSBCCI (campus), Hospital Road, Shastri Nagar, 800023. 4.

M/S Bhusamridh Infra Pvt. Ltd., Office at B-26, A.G. Colony, Ashiyana Nagar, PS Shastri Nagrar, Patna 800023.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Adv.

For the Respondent/s :

Mr. Government Advocate 02 For the State :

Mr. Sumant Kr. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-06-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of 'Admission' with the consent of both the counsels.

2. The only prayer sought for by the petitioner is for disposal of the certificate case pending before the Respondent No. 2 i.e. the Collector, Patna District. Learned counsel for the petitioner submits that the petitioner has filed a RERA case against the Respondent No. 4 herein and the RERA authority vide order dated 18.01.2024 in RERA/CC/1242/2021 has allowed the complaint filed by the petitioner and directed the

Patna High Court CWJC No.15667 of 2025(7) dt.23-06-2026 2/3 Respondent No. 4 to pay a sum of Rs. 28.60 Lakhs along with interest, however, the Respondent No. 4 has not paid any amount therefore the petitioner left with no other alternative had to approach this Hon'ble Court. Learned counsel for the petitioner submits that a direction may be given to the Respondent No. 2 herein to conclude the certificate proceedings initiated by the petitioner consequent to the recovery certificate issued by RERA dated 01.01.2025 by fixing a timeframe.

3. Learned counsel appearing on behalf of the Respondent No. 4 submits that the petitioner has already initiated certificate proceedings and the present writ petition is not maintainable as the parallel proceedings cannot be initiated by the petitioner. Learned counsel for the respondent No. 4 has fairly submitted that as against the order passed by the RERA in Complaint No. RERA/CC/1242/2021 dated 18.01.2024, the Respondent No. 4 has not preferred any appeal till date and seeks time for filing the appeal.

4. Admittedly, the order passed by the RERA has become final as no appeal has been filed by the Respondent No. 4 challenging the same. The RERA authority has also issued a certificate proceedings on 01.01.2025 and the same is yet to be concluded by the Respondent No. 2. This Court is of the opinion

Patna High Court CWJC No.15667 of 2025(7) dt.23-06-2026 3/3 that the ends of justice would be met if the Respondent No. 2 is directed to conclude the certificate proceedings as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of this order. It is needless to mention that before passing any order, the petitioner as well as the counsel for the Respondent No. 4 shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U