1 2025:CGHC:27504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2691 of 2019 1 - M/s Mosiac Infraventues Pvt. Ltd., Through Dr. Ashok Khemka, R/o Avanti Vihar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Dr. Ashok Khemka S/o Shri Hari Kishan Khemka Aged About 67 Years R/o Avanti Vihar, Raipur City, Tahsil And District Raipur Chhattisgarh 492001,, District : Raipur, Chhattisgarh 3 - Shri Arvind Agrawal S/o Magan Lal Agrawal Aged About 52 Years R/o Civil Lines, Raipur City, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ... Petitioners versus 1 - Pawan Kumar Tated S/o Kanmal Ji Ttated ( Jain ) Aged About 42 Years R/o House No. 108, Rajshri Apartment, Byron Baazar, Raipur, City Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Anil Chopda S/o Sheo Narayan Chopda Aged About 58 Years R/o House In Front Of Chashmaghar In Front Of G.E. Road Lal Ganga Shopping Mall, G.E. Road , Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners : Shri Sabyasachi Bhaduri, Advocate. For Respondent No.1 : Ms. Harneet Kaur, Advocate holding the brief of Shri Sourabh Sharma, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.06.2025 SMT NIRMALA RAO -2- 1. Learned counsel for respondent No.1 would submit that the petitioners have assailed the order passed by the Real Estate Regulatory Authority (RERA) dated 22.6.2019 by filing this petition. He would submit that RERA Appellate Tribunal has already been constituted and is functional, therefore, the petition is not maintainable. 2. At this stage, learned counsel for the petitioners would submit that the petitioners may be permitted to withdraw this petition with liberty to prefer a duly constituted appeal before the learned Appellate Tribunal. He would further submit that the interim order is operating in favour of the petitioners, therefore, the protection granted in the present petition may be extended till the disposal of the interim application to be moved by the petitioners. 3. On due consideration, the prayer made by counsel for the petitioners is allowed. The petition is dismissed as withdrawn, with liberty to prefer a duly constituted appeal before the RERA Appellate Tribunal alongwith an application for grant of stay and the memo of appeal. The learned Appellate Tribunal shall decide the application for grant of stay preferably within a period of 30 days. The interim order granted earlier in this petition shall remain in force for a period of 45 days. Sd/- (Rakesh Mohan Pandey) Judge Nimmi