IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2072 of 2026 M/s. PGS Construction, Grand Road, Puri …. Petitioner Mr. Manoj Kumar Agrawalla, Advocate -versus- The Real Estate, Appellate Tribunal, BBSR And Anr. …. Opp. Parties Mr. Partha Sarathi Nayak, Retainer Counsel For O.P. No. 1 Mr. Soumik Spandan Tripathy, Advocate For O.P. No.2(Caveator) CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 15.04.2026 01. 1. By means of this application, the order of the Odisha Real Estate Appellate Tribunal has been called in question. 2. Mr. S.S. Tripathy, learned counsel for the Caveat Petitioner is present. 3. Mr. Nayak, the Retainer Counsel of the Odisha Real Estate Regulatory Authority (ORERA) pointed out that in the Writ Application, the Authority has not been made party instead the Appellate Authority. He further pointed out that the order having been passed by the Appellate Authority; the present Writ Application is not maintainable in view of the provision under Section 58 of the RERA Act, wherein the order passed by the Appellate Authority is appealable before this Court. 4. As seen from the application, the same has been presented before this Court on 18.01.2026. The order of the Appellate Authority has been passed on 12.12.2025. 5. Section 58 of the RERA Act reads as follows: - “(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908: Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.” 6. In view of the above, the Petitioner was required to bring the Appeal before this Court within a period of 60 days. 7. Be that as it may, since the application has already been brought within the period of limitation, the question of limitation will be dealt with accordingly, excluding the period taken in this Writ Application, as the Petitioner is at liberty to move in appeal as per the provision under Section 58 of the RERA Act. The Writ application stands disposed of accordingly. (Chittaranjan Dash) Judge Priyanka Designation: Senior Stenographer Reason: eMudhra.App.Views.PartialControls.SigningModeTab.SigningTabViewModel