Sri Sai Durga Housing Estates v. The Andhra Pradesh Real Estate
WP/14762/2025 · 2025-11-19
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58642 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58642 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010237982025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14762/2025 Between:
1. SRI SAI DURGA HOUSING ESTATES, (BRUNDAVANAM ADVAITHA), REP. BY ITS MANAGING PARTNER, REGISTERED PROJECT WITH AP RERA VIDE P06270040197, H.NO.12-112, ARAVAPALLI RAJENDRA PRASAD STREET, 0PP. D-MART, ENIKEPADU, VIJAYAWADA KRISHNA DISTRICT.
2. SRI ATIURI SUDHIR,, S/O LATE SITHA RAMASWAMY, AGE- 40 YEARS, OCC- MANAGING PARTNER OF SRI SAI DURGA HOUSING ESTATES (BRUNDAVANAM ADVAITHA), R/O H.NO.6-97, SWAMI SADHA, KAVURI STREET, NIDAMANURU, NTR DISTRICT.
...PETITIONER(S) AND
1. THE ANDHRA PRADESH REAL ESTATE, REGULATORY AUTHORITY, D.NO.60-5-1, SIDDHARTHA NAGAR, POLYCLINIC ROAD, VIJAYAWADA, NTR DISTRICT.
2. CH SWARNA LATHA, W/O M.R.A. NAPOLEON, R/O H.NO.1-5-747, NEW MARUTHI NAGAR, KOTHAPETA, HYDERABAD, TELANGANA STATE.
...RESPONDENT(S): Counsel for the Petitioner(S):
1. AISHWARYA NAGULA
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Counsel for the Respondent(S):
1. Y KANAKALINGESWARA RAO
2. GOLLA BASAVESWARA RAO The Court made the following:
ORAL ORDER:
Heard Ms. Aishwarya Nagula, learned Counsel for the Writ Petitioners, Sri Abishek Malik, learned Counsel representing Sri Golla Basaveswara Rao, learned Standing Counsel for RERA, and Sri Y. Kanakalingeswara Rao,
learned Counsel for Respondent No.2.
2. This Writ Petition is filed challenging the Order passed by the Andhra Pradesh Real Estate Regulatory Authority, dated 17.03.2025, in Complaint No. 11 of 2024, as the Appellate Forum under the Real Estate (Regulation and Development) Act, 2016 has not been constituted. The Writ Petitioner, who is aggrieved by the Andhra Pradesh Real Estate Regulatory Authority (APRERA), has filed the present Writ Petition. This Writ Petition is filed on
01.05.2025.
3. Since the Appellate Forum has already been constituted under Section 43 of the Act, this Court deems it appropriate to dispose of this Writ Petition, directing the Writ Petitioner to approach the Appellate Forum. The statute prescribes the limitation period of sixty (60) days under Section 44 of the Act, and the Writ Petitioner has approached this Court within that limitation period.
4. This Court is of the view that the limitation period shall not be reckoned from the date of filing of the Writ Petition for a period of two (02) weeks from the date of uploading of this Order on the website of this Court.
5. With these observations and directions, the Writ Petition is disposed of giving liberty to the Writ Petitioner to approach the Appellate Forum within the time as indicated above. No order as to costs.
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6. Interlocutory Applications, if any, stand closed in terms of this order.
_________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J
Dt: 20.11.2025 DSV
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 14762/2025
20.11.2025
DSV
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HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 14762/2025 PROCEEDING SHEET Sl. No
DATE
ORDER Office Note
02.
20.11.2025 GRKP, J
Writ Petition is disposed. (vide separate order)
___________
GRKP, J DSV
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