Page No.# 1/3 GAHC010190382026 2026:GAU-AS:13193 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4826/2026 SHRI SUSHIL KUMAR GARG AND ANR SON OF SHRI JAI SANKER AGARWAL, RESIDENT OF H/NO.9, N.H. 37, BEHIND ASSAM KANTA, KHANAPARA, KAMRUP, ASSAM-781022. 2: SMT. DIMPLE GARG WIFE OF SHRI SUSHIL KUMAR GARG RESIDENT OF H/NO. 37 BEHIND ASSAM KANTA KHANAPARA KAMRUP ASSAM-781022 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, BLOCK-D, JANATA BHAWAN, DISPUR, GUWAHATI-781006, ASSAM 2:THE ASSAM REAL ESTATE APPELLATE TRIBUNAL REPRESENTED BY ITS REGISTRAR 3RD FLOOR LIFT NO. 3 ADITYA TOWER RUKMINI GAON G.S. ROAD GUWAHATI-781036 ASSAM. 3:THE REAL ESTATE REGULATORY AUTHORITY ASSAM REPRESENTED BY ITS SECRETARY/REGISTRAR KHANAPARA Page No.# 2/3 GUWAHATI-781022 DISTRICT KAMRUP (M) ASSAM 4:M/S BUILDWORTH REAL ESTATE A PARTNERSHIP FIRM HAVING ITS OFFICE AT HOUSE NO. 367 SURVEY BELTOLA ROAD DISPUR LAST GATE GUWAHATI-781006 ASSAM REPRESENTED BY ITS PARTNER SHRI RISHABH LODHA. 5:SHRI RISHABH LODHA SON OF SHRI NARENDRA LODHA PARTNER OF M/S BUILDWORTH REAL ESTATE HAVING OFFICE AT HOUSE NO. 367 SURVEY BELTOLA ROAD DISPUR LAST GATE GUWAHATI-781006 DISTRICT KAMRUP (M) ASSA Advocate for the Petitioner : DR. ASHOK SARAF, B SARMA,MR. A. KAUSHIK,MR P K BORA,MR. N N DUTTA,MR P BARUAH Advocate for the Respondent : GA, ASSAM, MR. D SARAF (r-4,5) Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 10.09.2026 Heard Mr. P. Baruah, learned counsel for the petitioner. Also heard Ms. P. Sarma, learned counsel appearing on behalf of Mr. D. Daraf, learned counsel for respondent Nos. 4 & 5, and Mr. M. Chetia, learned Govt. Advocate for respondent Nos. 1, 2 & 3. The learned counsel for the petitioner has submitted that an application has been filed in accordance with law before the RERA. He prays that, therefore, the present writ petition may not require adjudication in its present form. He, however, submits that the petitioner may be granted some protection in the matter till the application is heard by the appropriate authority, and the consideration of the grant of interim protection during the pendency of the application before the RERA is taken. The writ petition is accordingly closed. The interim order for maintaining status quo with regard to the cancellation of the allotment of the flat shall be maintained till the application filed by the petitioner is heard by the RERA and interim orders are considered. Writ petition is accordingly disposed of. JUDGE Comparing Assistant