1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 778 of 2022 1 - M/s Jagdamba Infratech R/o Chandrapur, Samrat Chowk, Bhanapet, Nehar Medical, District Chandrapur (Maharastara) 2 - Shri Manoj Challani S/o Shri Champa Lal Jain Aged About 44 Years R/o Balaji Dream City, Village Sankara, District Rajnandgaon Chhattisgarh. 3 - Shri Sandeep Uplanchiwar S/o Shri Dattatraya Uplanchiwar, Aged About 43 Years R/o Bheem Nagar Nagar, Sawangi Medhe Wardha, District Wardha (Maharastra) 4 - Shri Mahesh Keshdas S/o Shri Keshdas Baza, Aged About 44 Years R/o Ram Nagar, District Wardha (Maharastra) 5 - Shri Uday Singh Bhaudariya S/o Shri Lakhpat Singh Bhaudariya, Aged About 49 Years R/o Shiv Nagar Ward No. 4 Nerparsopat, Yawatmal, District Yawatmal (Maharastra) 6 - Shri Ajay Adgudwar S/o Shri Shankar Rao Adgudwar, Aged About 44 Years R/o Anchleshwar Ward, District Chandrapur (Maharastra) 7 - Shri Om Praksh Sarda S/o Shri Buralal Sarda, Aged About 46 Years R/o Bhanpeth, District Chnarapur (Maharastra) 8 - Shri Raju Mahakalar S/o Shri Basantrao Mahakalkar, Aged About 47 Years R/o Malgujari Pura Killaward Near Witthal Mandir, Wardha, District Wardha (Maharastra) ... Petitioners versus 1 - Smt. Mansi Sarwa W/o Shri Komal Singh Sarwa, R/o Plot No. 3, Street No. 12, Near Mohit Traders, New Aadrsh Nagar, District Durg Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.23 15:14:52 +0530 2 2 - M/s Active Growth N. I.C. R/o 1st Floor Hind Energic, H.P.C.L. Petrol Pump, New Aadarsh Nagar, District Durg Chhattisgarh. 3 - Shri Vinay Gupta S/o Shri Dayashankar Gupta (M/s Active Growth Partner) R/o Mahavir Nagar Golcha Park, Raipur Chhattisgarh. 4 - Shri Vishal Naidu S/o Shri Piya Kishor, (M/s Active Growth Partner) R/o Petrol Pump. New Aadarsh Nagar, District Durg Chhattisgarh. 5 - Shri Numan Verma S/o Shri Hiralal Verma, R/o E-2/170, Surya Vihar Colony, Bhilai, District Durg Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Amit Nayak, Advocate on behalf of Mr. Avinash Chand Sahu, Advocate For Respondent No. 1 :- Mr. Ashish Surana, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 22.04.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 24.10.2013 alongwith further action or proceeding initiated in pursuance to impugned order dated 24.10.2013. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 2 to reconsider the claim of the petitioner in accordance with the law and further be pleased to direct the respondent no. 2 to issue confirmation of sale in favour of the petitioner in pusuance of the letter of respondent no. 3. 3 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel appearing for respondent No.1 would submit that the order was passed by the Real Estate Regulatory Authority (RERA) Act, 2016 and as such, the appeal against the order would lie before the Appellate Tribunal, therefore, the petition is not maintainable. She would also submit that earlier no Presiding Officer was appointed in the Appellate Tribunal, therefore, notices were issued in the present petition but now the Appellate Tribunal is in function, therefore, the petition is not maintainable. 3. At this stage, learned counsel for the petitioner would seek permission of this court to withdraw this writ petition with liberty to prefer an appeal before the Appellate Tribunal according to law. 4. No objection from the other side. 5. Permission is granted. 6. Accordingly, the writ petition is dismissed on this ground alone. However, the petitioner would be at liberty to prefer an appeal before the Appellate Tribunal according to law. 7. Certified copy of the order be returned back to counsel for the petitioner after retaining its xerox copy in the record. sd/- (Amitendra Kishore Prasad) Judge Vishakha