Jayesh Patel vs. M/S Aasharshila Developers PVT LTD.
Facts
The petitioner, Jayesh Patel, filed a writ petition before the High Court of Chhattisgarh at Bilaspur challenging an order dated June 18, 2026, passed by the Chhattisgarh Real Estate Regulatory Authority (RERA Authority). The RERA Authority's order directed the petitioner to pay maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate on January 4, 2024. The petitioner sought to quash this order, declare possession offered before the certificate void, direct the developer (Respondent No. 1) to hand over common areas to the Association of Allottees, and initiate penal proceedings against the developer. The petitioner approached the High Court due to the alleged improper functioning of the RERA Appellate Authority.
Held
The Court did not decide the substantive issues raised by the petitioner regarding the RERA Authority's order. Instead, the Court noted that the respondents contended that the RERA Appellate Authority was functioning and entertaining matters. The petitioner's counsel then sought permission to withdraw the writ petition to file a duly constituted appeal before the RERA Appellate Authority, along with an appropriate interim application. The Court granted this permission. The Court directed that if the petitioner files an appeal before the RERA Appellate Authority, the said Authority shall consider the appeal and the interim application in accordance with law and endeavor to decide it expeditiously. The issue of whether the RERA Authority's order was illegal in directing payment of maintenance and GST prior to the Occupancy/Completion Certificate was expressly left undecided by the High Court.
Key Issues
1. Whether the High Court has jurisdiction to entertain the writ petition when an alternative remedy of appeal before the RERA Appellate Authority is available, and if the RERA Appellate Authority is functioning properly (Section 43 of the RERA Act, 2016). Petitioner's argument: The petitioner approached the High Court because the RERA Appellate Authority was not functioning properly, necessitating intervention by the High Court despite the existence of an alternative remedy. Respondents' (RERA, Nagar Nigam, State) argument: The RERA Appellate Authority is functioning and entertaining matters, including interim applications. Therefore, the petitioner ought to have approached the RERA Appellate Authority against the order passed by the RERA Authority instead of filing a writ petition before the High Court.
Sections Cited
Section 11(4)(b), Section 19(10), Section 17(1), Section 17(2), Section 63, Section 71, Section 18(3), Section 43
AI-generated summary — verify with the full judgment below
1
CGHC010348042026
2026:CGHC:43388
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5084 of 2026 1 - Jayesh Patel S/o Ramesh Patel Aged About 31 Years R/o Indraprastha, A -604, Samrajya Residency Next, To Paradise Hotel Bilaspur Road Khamtarai, District Raipur Chhattisgarh.
... Petitioner(s) versus 1 - M/s Aasharshila Developers Pvt Ltd. Through Its Partner Mr. Ashok Patel S/o Devshi Bhai Patel Aged About 52 Years Having Registered Office At Samrajya Residence Business Plaza Second Floor Next Paradise Hotel Bilaspur Road Khamtarai, Raipur District Raipur Chhattisgarh. 2 - Chhattisgarh Real Estate Regulatory Authority (C G R E R A ) Through Its Secretary Shastri, Chowk Raipur District Raipur Chhattisgarh. 3 - Nagar Nigam Mukhalay Through Its Commissioner, Near Gandhi Udyan And Mahila Police Thana Chhotapara, Raipur District Raipur Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary Department Of Housing And Environment Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District Raipur Chhattisgarh.
... Respondent(s)
( Cause title taken from CIS Periphery) R
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.