TREHAN APNA GHAR PVT. LTD. v. ADJUDICATING OFFICER
CW/8189/2023 · 2025-02-18
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17566 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17566 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:7162] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8189/2023 Trehan Apna Ghar Pvt. Ltd., (Formerly Apna Ghar Buildwell Pvt. Ltd.) Having Its Registered Office At 290, Naya Bas, Alwar, Rajasthan And Its Corporate Office At B-13, DLF Area, 14 Milestone, Mathura Road, Near BSNL, Faridabad, Haryana, Through Its Authorised Signatory Davinder Singh Yadav S/o Karamveer Singh Yadav. ----Petitioner Versus
1. Adjudicating Officer, Real Estate Regulatory Authority, Rajasthan Having Its Address At 2nd and 3rd Floor, RSIC Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur 302005 In The State Of Rajasthan.
2. Pramod Kumar Tanwar S/o Shri Raj Kumar Singh, R/o Raghav Niwas Wz-15 98F, Nangal Raya Near Sbi Bank, New Delhi 110046.
3. Neetu Tanwar W/o Pramod Kumar Tanwar, R/o Raghav Niwas Wz-15 98F, Nangal Raya Near Sbi Bank, New Delhi 110046 ----Respondents For Petitioner(s) : Mr. Pradeep Kumar Choudahry For Respondent(s) : Ms. Pallavi Mehta, Mr. Puneet Chahar, Mr. Samarth Saluja HON'BLE MR. JUSTICE SUDESH BANSAL
Order 18/02/2025
1. Instant civil writ petition under Article 226 of Constitution of India was filed by and on behalf of petitioner on 11.05.2023, challenging the final order dated 23.02.2023 passed by the Adjudicating Officer, in the complaint No.RAJ-RERA-C-2022-5271 under the Real Estate (Regulation and Development) Act, 2016.
[2025:RJ-JP:7162] (2 of 2) [CW-8189/2023]
2. Indisputably, against the impugned order dated 23.02.2023, petitioner has statutory remedy of appeal under Section 44 of RERA Act before the Tribunal.
3.
Learned counsel for the petitioner is fair enough to seek withdrawal of writ petition with liberty to challenge the impugned
order dated 23.02.2023 by way of filing appeal.
4. Respondents have no objection in allowing to withdraw the writ petition with the aforesaid liberty.
5. In that view of matter, the writ petition is dismissed as withdrawn. However for the purpose of limitation, it is hereby observed that if the petitioner prefers an appeal against the order dated 23.02.2023 alongwith an application for condonation of delay, before the Tribunal within a period of 30 days from today, the Tribunal shall consider and decide the appeal on merits by condoning the delay.
6. Since the writ petition itself has been decided, hence the stay order dated 11.07.2023 comes to an end.
7. Pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J TN/136