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2026 DAILYLAW 11555 (GAU)

RAJESH AGARWAL AND ANR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/2956/2026 · 2026-07-30

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010106912026 2026:GAU-AS:10616 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2956/2026 RAJESH AGARWAL AND ANR SON OF SHRI NAND KISHOR AGARWAL, RESIDENT OF PARAMOUNT GRAND, FLAT 6/6B, NEAR SARUSAJAI STADIUM, N.H. 27, LOKHRA, GUWAHATI - 781040, DISTRICT - KAMRUP M, ASSAM. 2: GAURAV AGARWAL SON OF SHRI NAND KISHOR AGARWAL RESIDENT OF PARAMOUNT GRAND FLAT 6/6B NEAR SARUSAJAI STADIUM N.H. 27 LOKHRA GUWAHATI - 781040 DISTRICT - KAMRUP M ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOUSING AND URBAN AFFAIRS DEPARTMENT, DISPUR, GUWAHATI - 781006, ASSAM 2:M/S MEGHMALLAR ESTATES AND SERVICES PVT. LTD. A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT HAVING ITS OFFICE SITUATED AT HOUSE NO. 39 DR. B. N. SAIKIA ROAD BELTOLA SURVEY GUWAHATI - 781028 DISTRICT - KAMRUP METRO ASSAM REPRESENTED BY ITS DIRECTORS / PRINCIPAL OFFICER / COMPANY SECRETARY/ AUTHORISED REPRESENTATIVE. Page No.# 2/5 3:ANUP SAIKIA SON OF LATE B. N. SAIKIA MANAGING DIRECTOR OF M/S MEGHMALLAR ESTATES AND SERVICES PVT. LTD. RESIDENT OF HOUSE NO. 39 DR. B. N. SAIKIA ROAD BELTOLA SURVEY GUWAHATI - 781028 DISTRICT - KAMRUP METRO ASSAM. 4:PROTECH HOUSING A PARTNERSHIP FIRM HAVING ITS OFFICE AT ROOM NO. 605 6TH FLOOR PROTECH CENTRE GANESHGURI G.S. ROAD GUWAHATI - 781005 DISTRICT - KAMRUP METRO ASSAM REPRESENTED BY ITS PARTNERS / PRINCIPAL OFFICER / AUTHORISED REPRESENTATIVE. 5:SMT NIRMALA AGARWAL WIFE OF SHRI NAND KISHOR AGARWAL RESIDENT OF PARAMOUNT GRAND FLAT 6/6B NEAR SARUSAJAI STADIUM N.H. 27 LOKHRA GUWAHATI- 781040 DISTRICT - KAMRUP METRO ASSAM. 6:AARYAN CHILLED INFRA PVT. LTD. A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT HAVING ITS OFFICE PRESENTLY SITUATED AT S1 MEZZANINE FLOOR C/O PARAMOUNT GRAND FLAT 6/6B NEAR SARUSAJAI STADIUM N.H. 27 LOKHRA GUWAHATI - 781040 DISTRICT - KAMRUP M Page No.# 3/5 ASSAM REPRESENTED BY ITS DIRECTORS/ PRINCIPAL OFFICER/ COMPANY SECRETARY/ AUHTORISED REPRESENTATIVE Advocate for the petitioner(s): Mr. SC Keyal, Senior Advocate Ms. M Deka Advocate for the respondent(s): Mr. H Sarma, Addl. Sr. Govt. Advocate Mr. A Bhatra for respondent No.4 Ms. G Jain for respondent Nos.5 & 6 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 31.07.2026 Heard Mr. SC Keyal, the learned Senior Counsel assisted by Ms. M Deka, the learned counsel appearing on behalf of petitioners. I have also heard Mr. H Sarma, the learned Addl. Senior Govt. Advocate, who appears on behalf of respondent No.1, Mr. A Bhatra, the learned counsel, who appears on behalf of the respondent No.4 and Ms. G Jain, the learned counsel, who appears on behalf of respondent Nos.5 and 6. 2. It is seen from the Office Note dated 13.07.2026 that service upon the respondent Nos.2 and 3 have been duly effected. However, none appears on behalf of the said respondents. Page No.# 4/5 3. The present writ petition has been filed being aggrieved by the delay in disposal of the complaint filed by the petitioners which has been registered as Complaint Case bearing No. RERA/ASSAM/COM/2023/18. 4. This Court duly takes note of Section 29(4) of the Real Estate (Regulation and Development) Act, 2016 which mandates that the questions which come up before the RERA shall be dealt with as expeditiously as possible and the authority shall dispose of the same within a period of 60(sixty) days from the date of the application. 5. It is also mentioned that in the circumstance, the authority is not in a position to dispose of the same within a period of 60(sixty) days, due reasons shall be recorded. 6. Taking into account the limited grievance of the petitioners to the effect that Authority is delaying the disposal of the complaint, it is the opinion of this Court that the instant writ petition can be disposed of thereby directing the Authority to dispose of the complaint in question as expeditiously as possible, more particularly, when the complaint was filed in the year 2023. 7. Accordingly, this Court, therefore, disposes of the instant writ petition thereby directing the Authority to dispose of the complaint being Complaint Case bearing No. RERA/ASSAM/COM/2023/18 as expeditiously as possible and preferably within a period of 60(sixty) Page No.# 5/5 days from the date a certified copy of the instant order is served upon the Chairperson of the Authority. JUDGE Comparing Assistant