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2025 DAILYLAW 3681 (UTT)

M/S GTM BUILDERS AND PROMOTERS PVT. LTD. v. UTTARAKHAND REAL ESTATE REGULATORY AUTHORITY RERA

WPMS/758/2025 · 2025-03-26

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 758 of 2025 (M/S) M/S GTM Builders and Promoters Pvt. Ltd. ......Petitioner Vs. Uttarakhand Real Estate Regulatory Authority RERA and Others ..... Respondents Present : Mr. B.C. Kandpal, Senior Advocate assisted by Mr. Suresh Chandra Sharma and Mr. Mukesh Singh Rawat, Advocates for the petitioner. Mr. (Dr.) Aman Rab, Advocate holding brief of Ms. Monika Pant, Advocate for the respondent no.1/RERA. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to order dated 13.01.2025, passed by the respondent no.1, on the transfer application of the petitioner. 2. Heard learned counsel for the parties and perused the record. 3. Certain complaints were filed before the Uttarakhand Real Estate Regulatory Authority (“RERA”) by the private respondents, which were listed before a particular member of RERA. The petitioner is the opposite party on those proceedings. He moved an application for transfer of cases from a particular member to some other Bench. That application has been rejected. 4. Learned Senior Advocate appearing for the petitioner would submit that the Hon’ble Member, who is hearing those complaints against the petitioner, is 2 working beyond jurisdiction. On one complaint for possession of flats and refund of money, the Hon’ble Member sought information with regard to all the flats of tower on 12.01.2025. Reference has been made to complaint no.35 of 2021. Copy of the order sheet has been enclosed as Annexure No.8 to the writ petition. 5. Learned counsel for the petitioner would also submit that in one case, the amendment application was allowed, but the complainant did not incorporate the memo. The petitioner was required to file written statement to the unamended complaint. 6. The ground for transfer, as raised by the petitioner, has been dealt with quite in detail by the respondent no.1 in the impugned order dated 13.01.2025, and observed that there is no specific allegation to substantiate the ground for transfer. 7. Whatever arguments have been raised before this Court, they, in fact, touch upon the orders that have been passed by the particular Hon’ble Member. The petitioner is always at liberty to challenge such orders before such forum, as is permissible under law. These may not be grounds for transfer of the matters from one Bench to another Bench. Therefore, this Court does not see any reason to make any interference. Accordingly, the 3 writ petition deserves to be dismissed at the stage of admission itself. 8. The writ petition is dismissed in limine. (Ravindra Maithani, J.) 26.03.2025 Ravi Bisht