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2025 DAILYLAW 154031 (ALL)

M/S S.J.P HOTELS AND RESORTS PVT. LTD. THRU. ITS DIRECTOR v. U.P. REAL ESTATE APPELLATE TRIBUNAL THRU. ITS SECY. AND ANOTHER

A227/4605/2025 · 2025-08-08

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46282 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4605 of 2025 Petitioner :- M/S S.J.P Hotels And Resorts Pvt. Ltd. Thru. Its Director Respondent :- U.P. Real Estate Appellate Tribunal Thru. Its Secy. And Another Counsel for Petitioner :- Inder Preet Singh Chadha Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. By means of the instant petition, the petitioner assails the order dated 04.02.2025 passed by the U.P. Real Estate Appellate Tribunal, Lucknow ('in short 'REAT'). A specific query was put to the learned counsel for the petitioner as to whether the said order passed by the REAT is appealable in terms of Section 58 of the RERA Act, 2016. The learned counsel for the petitioner after arguing at some length could not dispute the availability of statutory alternative remedy and he prays that he may be permitted to withdraw the present petition with liberty to assail the said order in the appropriate appeal. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. In case if the learned counsel for the petitioner moves an application for return of the certified copies, the office shall do the needful within a period of three days. Order Date :- 8.8.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench