2025:JHHC:24578 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1212 of 2024 M/s Shakambari Builders Private Limited, a Private Limited Company duly incorporated under the Companies Act, 1956 having its Registered Office at 1st Floor, 474, Ravindra Sarani, Kolkata- 700005 and Local Office at Sri Ram Garden, Kanke Road through its Director Pawan Bajaj, Aged 67 Years, Son of Late R.P Bajaj Resident of Flat No. 1002, Sri Ram Gardens, Kanke Road, P.O. Ranchi University and P.S. Gonda, District Ranchi. …… Petitioner Versus 1. The State of Jharkhand 2. Jharkhand Real Estate Regulatory Authority, P.O G.PO, P.S. Kotwali, 7th Floor, Ranchi Municipal Corporation Building, Distict, Ranchi. 3. Chairman, Jharkhand Real Estate Regulatory Authority, having its Office at 7th Floor, Ranchi Municipal Corporation Building, P.O.G.P.O., P.S. Kotwali, Distict -Ranchi. 4. Secretary, Jharkhand Real Estate Regulatory Authority, having its Office at 7th Floor, Ranchi Municipal Corporation Building, P.O.G.P.O., P.S. Kotwali, Distict - Ranchi. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Piyush Poddar, Advocate For the Resp.-State : Ms. Komal Tiwari, A.C to A.G --------- 05/Dated: 20 th August, 2025 1. The present writ petition has been filed for the following relief :- “for Quashing and setting aside the order contained in Memo No JHARERA/PROJECT- REG/619/2019-196 Dated 24.01.2024 (Annexure-11) passed by Respondent No-3, whereby and whereunder the said Respondent without appreciating that the Project of the Petitioner namely "Shakamabari Towers" is not an ongoing project, as the same is excluded as per Rule 2.16 of Notification No. 06/TCPO(Vividh) -09/2016- No. V. 2256 Ranchi, dated 15.09.2020 (Annexure-3) whereby Jharkhand - 1 - W.P.C No.1212 of 2024 2025:JHHC:24578 Real Estate (Regulation and Development) Rules 2017 was amended by State of Jharkhand, in view of the Powers conferred to the State Government by the "The Real Estate (Regulation and Development) Act, 2016" whereby "Ongoing Projects" was defined and from perusal of said definition it will transpire that the said Project of the Petitioner is excluded from the definition of ongoing project as permission for said Project was approved prior to 05.04.2016 by the Secretary, Ranchi Regional Development Authority vide Letter bearing No. 649 dated 12th of April 2005 (Annexure-1) i.e. prior to 05.04.2016 and without appreciating that Petitioner is not liable to take Registration under the "The Real Estate (Regulation and Development) Act, 2016", has quite illegally and arbitrarily imposed Penalty of Rs 10 Lakh on the Petitioner with further direction that in case Registration under "The Real Estate (Regulation and Development) Act, 2016" is not taken by the Petitioner within one month by the Petitioner, the Petitioner shall not indulge in any construction activity and that too without considering the representation of the Petitioner dated 14.12.2023 (Annexure-10) and when the Petitioner requested for providing the certified copy of the record in question vide Letter dated 05.02.2024 (Annexure-12) to the Respondent No 4, same was denied by the said Respondent No-4 vide Letter dated 13.02.2024 (Annexure -13) on the purported ground that the record is not pertaining to court proceedings thereby prejudicing the Petitioner to defend its case properly.” 2. Learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to work out his remedy in accordance with law. 3. Learned counsel for the State has no objection. 4. Accordingly, the present writ petition is, hereby, - 2 - W.P.C No.1212 of 2024 2025:JHHC:24578 disposed of with the aforesaid liberty. 5. Pending interlocutory application, if any, also stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 3 - W.P.C No.1212 of 2024