2026:UHC:791-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (M/B) NO. 79 OF 2026 11TH FEBRUARY, 2026 The Vardhman Developers …… Petitioner Versus State of Uttarakhand & others …… Respondents Counsel for the petitioner : Dr. I.M. Quddusi, learned Senior Counsel assisted by Jazib Siddiqui and Mr. Abhishek Singh Rawat, learned counsels Counsel for the respondents : Mr. Naveen Tiwari, learned Brief Holder for the State : Ms. Monika Pant, learned counsel (through VC) for respondent No. 2 The Court made the following: ORDER : 1) Dr. I.M. Quddusi, learned Senior Counsel assisted by Mr. Jazib Siddiqui and Mr. Abhishek Singh Rawat, learned counsels, appearing for the petitioner after making submissions at great length prays for withdrawal of the writ petition with liberty to the petitioner to assail the impugned order of RERA dated 19.11.2025, in appeal before the Appellate Tribunal. He submits that plea of the petitioner 1 2026:UHC:791-DB with regard to lack of jurisdiction of the Authority to adjudicate the complaint may be left open to be raised in the appeal. 2) Ms. Monika Pant, learned counsel appearing on behalf of RERA has no objection to the same. 3) Accordingly, without expressing any opinion on merits, the writ petition is permitted to be withdrawn with liberty to the petitioner to file appeal raising all possible pleas, but not the question of locus of the complainant which has attained finality in view of the order of the Appellate Tribunal dated 08.12.2022. 4) Pending application(s), if any, also stand disposed of. _______________________ MANOJ KUMAR GUPTA, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 11TH FEBRUARY, 2026 Negi 2 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB 2A1524A4D, cn=HIMANSHU NEGI Date: 2026.02.13 11:37:10 +05'30'