Gayatri Nayak vs. Aasharshila Developers PVT LTD.
Held
The Court did not decide the merits of the case. The petitioner sought permission to withdraw the writ petition with liberty to file a duly constituted appeal before the concerned RERA Appellate Authority, along with an appropriate interim application. The respondents did not object to this request. The Court granted the liberty and directed that if an appeal is filed, the RERA Appellate Authority shall consider it, particularly the interim application, in accordance with law and endeavor to decide it expeditiously. The petition was accordingly dismissed as withdrawn.
Facts
The petitioner, Gayatri Nayak, filed a writ petition before the High Court of Chhattisgarh challenging an order dated 02.07.2026 passed by the Chhattisgarh Real Estate Regulatory Authority (Cg-Rera). The petitioner sought to quash the RERA Authority's direction to pay maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate on 04.01.2024. The petitioner also sought directions for the developer (Respondent No. 1) to hand over possession of common areas and for penal proceedings against the developer. The petitioner stated that she approached the High Court due to the RERA Appellate Authority not functioning properly.
Key Issues
1. Whether the petitioner is entitled to a writ of certiorari to quash the RERA Authority's order directing payment of maintenance charges and GST prior to the Occupancy/Completion Certificate, in light of Sections 11(4)(b) and 19(10) of the RERA Act, 2016? The petitioner argued that any possession offered before the statutory certificate is null and void, and cannot be the basis for levying charges. 2. Whether the petitioner is entitled to a writ of mandamus directing the developer to hand over possession of common areas and directing the RERA Authority to initiate penal proceedings and appoint a judicial officer for compensation, as per Sections 17(1), 17(2), 63, 71, and 18(3) of the RERA Act, 2016? The petitioner contended that the developer has continuously failed to comply with statutory duties. The respondents, including Cg-Rera, the developer, the Nagar Nigam, and the State, argued that the RERA Appellate Authority is functioning and entertaining matters, including interim applications, and therefore the petitioner ought to have approached the Appellate Authority.
Sections Cited
Section 11(4)(b), Section 19(10), Section 17(1), Section 17(2), Section 63, Section 71, Section 18(3)
AI-generated summary — verify with the full judgment below
1
CGHC010348132026
2026:CGHC:43555
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5034 of 2026 1 - Gayatri Nayak W/o Deepak Swain Aged About 39 Years R/o Indraprasth A-704 Samrajya Residency Beside Paradise Hotel Bilaspur Road Khamtarai Raipur District Raipur C. G.
... Petitioner(s) versus 1 - Aasharshila Developers Pvt Ltd. Through Its Partner Mr Ashok Patel S/o Devshi Bhai Patel Age About 52 Years Having Registered Office At Samrajya Residence Business Plaza, Second Floor Next Paradise Hotel Bilaspur Road Khamtarai Raipur District Raipur C.G. 2 - Chhattisgarh Real Estate Regulatory Authority (Cg-Rera) Through Its Secretary, Shastri Chowk Raipur District Raipur C. G. 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) For Petitioner(s) : Mr. Himanshu Pandey, Advocate. For Respo
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