EXPERION DEVELOPERS PVT. LTD. THRU. AUTHORISED SIGNATORY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 2 OTHERS
A227/2526/2025 · 2025-05-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138007 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138007 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25482 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2526 of 2025 Petitioner :- Experion Developers Pvt. Ltd. Thru. Authorised Signatory And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 2 Others Counsel for Petitioner :- Prashant Kumar,Fuhar Gupta Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and learned Counsel for the respondent no.2.
2. The present petition has been filed challenging an order dated 04.03.2025 (Annexure-2) as well as the subsequent order dated 01.04.2025 (Annexure-4) passed by the Real Estate Regulatory Authority,
Lucknow
(RERA)
in
Complaint No.AOA/LKO162/12/42/2024.
3. The contention of the Counsel for the petitioner is that the
order was passed without jurisdiction and without any application of mind as is evident from the order itself. It is further stated that the matter is now fixed on 06.05.2025.
4. Considering the fact that the petitioner has not even been heard and there appears to be no application of mind in the impugned order, the present petition is disposed off directing the RERA to pass fresh orders on the application filed by the petitioner after hearing both the parties in accordance with law.
5. The petitioner and the parties would be entitled to raise all the objections including the lack of jurisdiction and whatever material may deem fit be placed before the authority concerned.
6. Till further fresh orders is passed, the operation of the order dated 04.03.2025 and the order dated 01.04.2025 shall remain stayed.
7. In view of the order passed, I do not deem it necessary to grant any time to the respondent no.2 to file any reply in the present case.
8. In view of the order passed, no further issues have been considered by this Court.
Order Date :- 2.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench