Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2749 of 2024 ====================================================== Pankaj Kumar Singh S/o Late Bijay Singh R/o A/401, Sai Enclave Vijay Singh Yadav Path, Khagaul Cantt. Road Danapur, Patna, P.S. - Danapur, District -Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Bihar, Patna.

2.

The District Magistrate, District - Patna.

3.

The Real Estate Regulatory Authority, Bihar, Patna. 4.

The Real Estate Appellate Tribunal, Bihar, Patna. 5.

Sri Anuanand Construction Pvt. Ltd. Through its Managing Director namely Sri Bimal Kumar, S/o Late Anand Kishore Srivastava (Managing Director) Anuanand Construction Pvt. Ltd. 1st Floor, Kumar Tower, Boring Road, Patna.

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Adv.

Mr. Mahindra Kishore Singh, Adv.

For the Respondent/s :

Mr. Prabhtat Pratap, GP-2 For the RERA :

Mr. Jainandra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ(s), order (s), direction (s) to the respondents concerned to dispose of the Complaint Case No. CC 612/2019 afresh in light of the order dated 24.3.2021 passed by the Real Estate Appellate Tribunal, Bihar, Patna (hereinafter referred to as 'BREAT' Patna) in REAT Appeal No.18/2021 whereby and whereunder the BREAT, Patna has directed the Real Estate Regulatory Authority, Bihar,

Patna High Court CWJC No.2749 of 2024(2) dt.11-07-2024 2/3 (hereinafter referred to as 'RERA' Bihar, Patna) to hear afresh in the matter of Compliant Case No. CC612/2019 filed by the petitioner after setting aside the order dated 23.12.2020 passed by RERA, Bihar, Patna Patna.

(ii). For issuance of appropriate writ(s), order (s), direction (s) to the private respondents not to sale/transfer the flat No.401, A-Block, Sai Enclave Vijay Singh Yadav Path, Khagaul Catt. Road, Danapur, Patna to a third party till the disposal of Complaint Case No. CC 612/2019.

(iii). For issuance of appropriate writ(s), order (s), direction (s) to the private respondents to pay appropriate compensation to the petitioner as the above said flat was booked/allotted in favour of petitioner in the year 2012 but inspite of payment of entire consideration amount within stipulated time neither the registered sale deed has been executed in favour of petitioner nor it is handed over to the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Real Estate Regulatory Authority, Bihar, Patna, to expeditiously dispose off the complaint case, filed by him, i.e. Complaint Case No. CC 612 of 2019.

3.

Per contra, the learned counsel appearing for the Real Estate Regulatory Authority, Bihar, Patna, submits that expeditious steps shall be taken to dispose off the aforesaid

Patna High Court CWJC No.2749 of 2024(2) dt.11-07-2024 3/3 complaint, filed by the petitioner. It is directed accordingly. 4.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/-