Page No.# 1/2 GAHC010158922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/356/2026 M/S M.P CONSTRUCTION A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT PALACIA GRAND, SIXMILE, G.S. ROAD, NEAR AXIX BANK, GUWAHATI, DIST. - KAMRUP M, ASSAM -781022, AND REPRESENTED BY ITS PARTNER MR. PRANAB JYOTI SARMA, SON OF SRI TARUN CHANDRA SARMA, AGED ABOUT 49 YEARS, RESIDENT OF ANANDA NAGAR, SIX MILE, KHANAPARA, GUWAHATI, DIST. KAMRUP M ASSAM 781022 2: MR PRANAB JYOTI SARMA SON OF SRI TARUN CHANDRA SARMA AGED ABOUT 49 YEARS RESIDENT OF ANANDA NAGAR SIX MILE KHANAPARA GUWAHATI DIST- KAMRUP M ASSAM -78102 VERSUS MRS ATLANTA CHOUDHURY WIFE OF SRI. RINKUMANI BAISHYA, PRESENTLY RESIDING AT 3B SHIVALAYA APARTMENT, BYE LANE 4, JOYMATI NAGAR LIBRARY, PANDU, GUWAHATI, ASSAM -781012 Advocate for the Petitioner : R SARMAH, MS M KAKOTY Advocate for the Respondent : K KHEMKA, MR. A Y CHOUDHURY,FOR CAVEATOR Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.08.2026 Heard the learned counsel Mr. R. Sarmah appearing for the petitioner. Also heard Mr. A.Y. Choudhury, the learned counsel appearing for the respondent. 2. This is an application under Article 227 of the Constitution of India challenging the judgment and order dated 04.05.2026 passed by the Real Estate Regulatory Authority, Assam at Guwahati in RERA/ASSAM/COM/2025/26. 3. There is a provision for appeal against the judgment of the Real Estate Regulatory Authority. 4. Mr. Sarmah has submitted that the appellate authority is now vacant. Therefore, he has filed this petition under Article 227 of the Constitution of India. 5. It is a settled position of law that when there is a provision for appeal of the petition, Article 227 of the Constitution of India does not lie. 6. Therefore, this application is not maintainable in law and stands disposed of accordingly. JUDGE Comparing Assistant