SUDHIR CHADHA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/10564/2025 · 2025-04-09
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36571 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52418-DB Court No. - 21 Case :- WRIT - C No. - 10564 of 2025 Petitioner :- Sudhir Chadha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Shanker Gupta Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioners are aggrieved by an order dated 17.2.2024 passed by U.P. RERA on an application of the petitioners filed before the Authority for execution of its order dated 3.3.2021.
2. Sri Mohd. Afzal, learned counsel appearing on behalf of respondent no. 2, submits that the petitioners have efficacious alternative remedy of filing appeal before the appellate tribunal under Section 44 of the Real Estate (Regulation and Development) Act, 2013.
3. Sub-section (1) of Section 44 provides for appeal to the appellate tribunal against any direction, order or decision of the authority by an aggrieved person.
4. In such view of the matter, we are not inclined to examine the issues which require examination of various facts and leave it open to the petitioners to avail the remedy provided under the statute.
5. With the aforesaid liberty, the petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad