Manidhari Builders And Developers v. Smt. Urmila Sharma

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 4214 of 2019 Manidhari Builders And Developers Through Its Partner Mr. Atul Jain, S/o Rekhchand Jain, Age 40 Yrs, B - 15/16/17, Progressive Point, Lalpur, Raipur, District Raipur Chhattisgarh. --- Petitioner

Versus

1. Smt. Urmila Sharma W/o Shri Harimohan Sharma R/o P.U. - 16, Sector 01 Extension, Near Virasat Apartment, Avanti Vihar Telibandha, Raipur, District Raipur Chhattisgarh.

2. Chhattisgarh Real Estate Regulatory Authority Shastri Chowk, Raipur, District Raipur Chhattisgarh. --- Respondents 11.12.2020 Mr. Surfaraj Khan, counsel for the petitioner. Mr. R.K. Kesarwani and Mr. Nalin Soni, counsel for respondent No.1.

The petition is filed against the order dated 14.08.2019 passed by the Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur. When the petition was filed, the appellate authority constituted under the Real Estate (Regulation and Development) Act, 2016 was not functioning. Since it has been submitted that now the appellate forum started functioning, as such, this petition would be triable by the said appellate forum.

In view of the above, learned counsel for the petitioner prays for withdrawal of the petition with liberty to file appropriate appeal before the Appellate Forum.

As prayed, this writ petition is dismissed as withdrawn. The petitioner would be at liberty to avail the remedy of appeal before the appellate forum constituted under the provisions of the Act, R a o 2016 within a further period of 30 days.

The Registry is directed to return the certified copy of the order (Annexure P-1) to the petitioner after retaining the photocopy of the same. Sd/- GOUTAM BHADURI JUDGE