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2025 DAILYLAW 8892 (UTT)

RESIZONE BUILDWELL PVT LTD v. SACHIN JUYAL

WPMS/1859/2024 · 2025-09-26

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.1859 of 2024 Hon’ble Pankaj Purohit, J. Mr. Bhupesh Kandpal, Advocate for the petitioner. 2. Mr. Devendra Pant, S.C. for the State. 3. Mr. Sagar Kothari, Advocate appears for the applicant who has moved the Impleadment Application (IA No.3 of 2024). 4. The writ petition has been filed by the petitioner for the following reliefs:- “(i) A writ, order or direction in the nature of certiorari quashing the order dated 17.05.2024 passed by the RERA Appellate Tribunal in Misc. Case No.06 of 2024 arising of Appeal No.NIL of 2024 M/s Resizone Vs. Sachin Juyal and others whereby it has been directed to deposit 50% which is against the proviso has been attached to Section 43(5) of the RERA Act that too under the fact and circumstances when corum is not complete and therefore the order is nullity in the eyes of law. (Annexure-1) (ii) A writ, order or direction in the nature of certiorari quashing the impugned order dated 19.10.2022 (Annexure no.1 to the writ petition) passed by the learned RERA Authority in Complaint Case No.23 of 2020 “Sri Sachin Juyal and another vs. Resizone”, notice dated 13.12.2023 (Annexure No.2 to the writ petition) issued by the Tehsildar, Dehradun and recovery order issued by the RERA Authority on 29.11.2023 and order 19.10.2023 (Annexure No.3 to the writ petition) passed by the RERA Authority in Misc. Case No.25 of 2023 arising out of Complaint Case No.23 (iii) Any other suitable writ, order or direction 2 which this Hon’ble court may deem fit and proper in the circumstances of the case. (iv) Award the cost of petition to the petitioner.” 5. The writ petition was filed during the period when there was vacancy in the Member Administrative/ Technical in the RERA Appellate Tribunal. The matter was entertained in view of the vacancy in the RERA as stated above. 6. An interim order has been passed by this Court subject to deposit of 50% of the amount/penalty imposed upon the petitioner/promoter. 7. It is contended by the learned counsel for the petitioner that now, the RERA Appellate Tribunal has started functioning as the member has been appointed. Therefore, he made a request to withdraw the present writ petition. 8. The prayer is granted. 9. The present writ petition is dismissed as withdrawn. 10. However, it is made clear that the amount which has been deposited as referred above be remitted to the RERA Appellate Tribunal forthwith. The RERA Appellate Tribunal may pass fresh order with regard to the interim protection, if any, to be given to the petitioner/promoter. 11. Order accordingly. (Pankaj Purohit, J.) 26.09.2025 Ravi