Mrs. Anita Devi vs. M/S Aadharshila Developers PVT LTD.
Held
The Court did not decide the merits of the case. The primary issue addressed was the availability and functionality of the alternative remedy. The respondents (RERA, Nagar Nigam, and State) confirmed that the RERA Appellate Authority was functioning and entertaining matters, including interim applications. Based on this submission, the petitioner sought permission to withdraw the present petition. The Court granted this permission, allowing the petitioner to file a duly constituted appeal before the RERA Appellate Authority with an appropriate interim application. The Court directed the RERA Appellate Authority to consider the appeal and interim application expeditiously. No issue was expressly left undecided, as the petition was withdrawn.
Facts
The petitioner, Mrs. Anita Devi, filed a writ petition before the Chhattisgarh High Court challenging an order dated June 18, 2026, passed by the Chhattisgarh Real Estate Regulatory Authority (RERA). The petitioner sought to quash the RERA order to the extent it directed her to pay maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate on January 4, 2024. She also sought various other directions, including a declaration that possession offered before the certificate is void, and for the developer (Respondent No. 1) to hand over common areas to the Association of Allottees. The petitioner stated she approached the High Court due to the RERA Appellate Authority not functioning properly.
Key Issues
1. Whether the petitioner has an alternative remedy before the RERA Appellate Authority, and if so, whether the High Court should entertain the writ petition. (Question of law) Petitioner's argument: The petitioner contended that she approached the High Court because the RERA Appellate Authority was not functioning properly, despite having an alternative remedy. Respondents' argument: The RERA Authority, Nagar Nigam, and the State counsel jointly argued that the RERA Appellate Authority is functioning, entertaining matters, and hearing interim applications. Therefore, the petitioner ought to have approached the RERA Appellate Authority against the RERA order.
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
CGHC010348092026
2026:CGHC:43558
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5043 of 2026 1 - Mrs. Anita Devi W/o Mr. Ravindra Prasad Aged About 57 Years R/o Indraprastha, A-602, Samrajya Residency, Next To Paradise Hotel, Bilaspur Road, Khamtarai, District- Raipur (C.G.)
... Petitioner(s) versus 1 - M/s Aadharshila 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 (C.G.) 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) For Petitioner(s) : Mr. Himanshu
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