IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2064 OF 2024 Bhawani Apartment Pvt. Ltd., Bbsr …. Petitioner Mr. Amit Prasad Bose, Advocate -versus- Tripati Prasad Mohapatra and Others …. Opp. Parties Mr. Deepak Kumar Panda, Advocate (for Opp. Party No.1) Mr. Partha Sarathi Nayak, Advocate (for Opp. Party No.2) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 12.05.2026 07. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks to assail the order dated 15th November, 2023 passed by the Odisha Real Estate Appellate Tribunal, Bhubaneswar in OREAT Appeal No.44 of 2021 (Annexure-1) and order dated 26th February, 2026 passed by the Authority under the Real Estate (Regulation and Development) Act, 2016 (for brevity ‘the Act’) in Complaint Case No.5 of 2020. 3. Since the Petitioner has remedy under Section 58 of the Act for filing an appeal against the orders impugned herein, we are not inclined to entertain the writ petition. 4. At this stage Mr. Bose, learned counsel for the Petitioner prays for withdrawal of the writ petition to file an appeal under Section 58 of the Act. Digitally Signed Signed by: SASHIKANT PARIDA Reason: Authentication Location: OHC Date: 13-May-2026 10:27:56 Signature Not Verified 5. Mr. Panda, learned counsel for Opposite Party No.1 and Mr. Nayak, learned counsel for the Opposite Party No.2 do not have any objection to the same. 6. Accordingly, the writ petition is disposed of as withdrawn to enable the Petitioner to file a properly constituted appeal under Section 58 of the Act. 7. Original copy of Annexures-1 and 5 be returned to learned counsel for the Petitioner on substitution of attested photocopy thereof. 8. Interim order dated 2nd February, 2024 passed in I.A. No. 1145 of 2024 stands vacated. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Sashikant