M/S.Vipul Ltd. v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

1. WA No. 294 of 2019 Appellant M/s. Vipul Limited, PGL City Mart represented through its General Manager 2.

WA No. 295 of 2019 M/s. Vipul Limited, PGL City Mart represented through its General Manager Appellant 3.

WA No. 296 of 2019 M/s. Vipul Limited, PGL City Appellant

// 2 // Mart represented through its General Manager 4.

WA No. 297 of 2019 M/s. Vipul Limited, PGL City Mart represented through its General Manager Appellant 5.

WA No. 302 of 2019 M/s. Vipul Limited, PGL City Mart represented through its General Manager Appellant

// 3 //

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. RAMAN Order No.

ORDER

17.02.2022 01.

1. This matter is taken up by hybrid mode.

2.

The aforesaid five Writ appeals numbered WA/294/2019, WA/295/2019, WA/296/2019, WA/297/2019 and WA/302/2019 have been taken up together as they involve common Appellants with a common prayer. The brief facts relevant to the above appeals are that the present Appellant namely M/s. Vipul Limited is a company incorporated under the Companies Act. The appellant in collaboration with Odisha State Housing Board floated a housing scheme under a Public Private Partnership in the name of "The Vipul Greens"

at Mouza:

Ranasinghpur, PSKhandagiri, Tahsil- Bhubaneswar, District- Khurda.

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3. The Respondents to the Writ appeals numbered WA/294/2019, WA/295/2019, WA/296/2019, WA/297/2019 and WA/302/2019 booked Residential Flats in the above project and were allotted different flats. However, certain disputes arose between the Appellant-builder and the Respondents. Consequently, the present-Respondents had preferred separate applications before the Odisha Real Estate Regulatory Authority, Bhubaneswar. The Odisha Real Estate Regulatory Authority, Bhubaneswar disposed of all the above applications in favor of the Present-Respondents.

4. Thereafter, the Present-Appellants had preferred numerous Writ Petitions before single bench of this Hon'ble Court vide W.P. (C) No. 10262/2019, W.P. (C) No. 10139/2019, WP (C) No. 10259/2019, W.P. (C) No. 10269/2019 and W.P. (C) No. 10274/2019 challenging the order of Odisha Real Estate Regulatory Authority, Bhubaneswar. The Learned Single Judge bench dismissed the above Writ Petitions at the admission stage on a common reasoning that a Statutory remedy of Appeal is available to the Present Appellants vide order dated 18-06-2019.

5. Aggrieved by the above orders of the Single judge bench of this Hon'ble Court, the Present Appellants had preferred this appeal vide Writ appeals numbered WA/294/2019, WA/295/2019, WA/296/2019, WA/297/2019 and WA/302/2019.

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6. At the time of Argument, counsel for the Appellants requested to withdraw the Writ Appeals.

7. In view of the above request, the five Writ Appeals stands disposed of as withdrawn.

8. Photocopy of this order be placed on the connected writ petition.

(Jaswant Singh) Judge (M. S. Raman) Judge January 17th 2022 Cuttack AKPradhan