High Court Of ChhattisgarhWPC/2624/2019withdrawn

Amrit Homes Private Limited v. M/S Las Vista Residents Welfare Society

2019-12-13Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2624 of 2019

1. Amrit Homes Private Limited, Address Flat No. 101, Block No. 08, Ashoka Ratna Apartment, Khamaardeeh, Raipur, Through Its Authorized Signatory, Shri Pritpal Singh Bindra, S/o Shri Dalip Singh Bindra, Aged About 62 Years, R/o 17, Zone II, MP Nagar, Bhopal, District : Bhopal, Madhya Pradesh ---- Petitioner

Versus

1. M/s Las Vista Residents Welfare Society, Through Its President, Shri Kirti Vyas, S/o Shri N.C. Vyas, R/o VIP Road, Amleedeeh, Raipur, District : Raipur, Chhattisgarh

2. M. Ahuja Project Pvt. Ltd, Through Its Director, Shri Mahendra Ahuja, R/o Sai Kunj, Shri Kali Mata Mandir Road, Raipur, District : Raipur, Chhattisgarh

3. Raghu Ventures Pvt. Ltd., Through Its Director, Shri P. Adarsh, R/o 42/245, CSEB, Office, Civil Lines, District : Raipur, Chhattisgarh

4. Shri Vamsi Pericherla, R/o 42/245, CSEB, Office, Civil Lines, Raipur, District : Raipur, Chhattisgarh

5. Chhattisgarh Real Estate Regulatory Authority (RERA) Raipur Chhattisgarh Through Its Chairman, Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur Chhattisgarh, Shastri Chowk, Raipur, District : Raipur, Chhattisgarh ---Respondents For Petitioner :

Mr. Saurabh Dangi, Advocate For Respondents :

Mr. Amrito Das, Addl. Adv. General :

adfasf Hon'ble Shri Justice P. Sam Koshy Order on Board 13.12.2019

1. Shri Saurabh Dangi, Advocate appearing for the petitioner submits that the appellate tribunal under the RERA Act has started

-2functioning in the State of Chhattisgarh and, therefore, the present Writ Petition in its present form be disposed-off as there is alternative statutory remedy available to him to challenge the impugned order in the present writ petition.

2. Given the fact that the appellate tribunal has become functional, the petitioner is permitted to withdraw the present writ petition with liberty to approach the Appellate Tribunal for ventilating his grievance. While filing an appeal before the appellate tribunal, the period spent before the High Court would be considered by the tribunal while considering the application under Section 5 for condonation of delay in the light of Section 14 of the Limitation Act.

3. Accordingly, the writ petition stands dismissed as withdrawn with the aforesaid liberty.

Sd/- (P. Sam Koshy) Judge Rahul