Gopal Bhai Patel vs. M/S Aadharshila Developers PVT LTD.
Held
The Court did not decide the merits of the case. The petitioner, after being informed by the respondents that the RERA Appellate Authority was functioning and entertaining matters, sought permission to withdraw the present writ petition. The Court granted this permission and dismissed the petition as withdrawn. The Court also granted liberty to the petitioner to file a duly constituted appeal before the concerned RERA Appellate Authority along with an appropriate interim application. The Court directed that if such an appeal is filed, the Appellate Authority shall consider it, including the interim application, in accordance with the law and endeavor to decide it expeditiously. No specific issue was expressly left undecided, as the petition was withdrawn.
Facts
The petitioner, Gopal Bhai Patel, filed a writ petition before the High Court of Chhattisgarh at Bilaspur challenging an order dated 18.06.2026 passed by the RERA Authority (Respondent No. 2). The petitioner sought to quash the 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 various other directions related to possession of common areas, penal proceedings against Respondent No. 1, and appointment of a judicial officer for adjudication. The petitioner approached the High Court due to the alleged improper functioning of the RERA Appellate Authority. However, respondents 2, 3, and the State counsel submitted that the RERA Appellate Authority was functioning and entertaining matters, including interim applications. Consequently, the petitioner sought permission to withdraw the petition.
Key Issues
1. Whether the petitioner has an alternative remedy before the RERA Appellate Authority, and if so, whether the writ petition is maintainable. The petitioner argued that they approached the High Court because the RERA Appellate Authority was not functioning properly. The respondents (RERA Authority, Nagar Nigam, and State) contended that the RERA Appellate Authority is functioning and entertaining matters, including interim applications, and therefore, the petitioner ought to have approached the Appellate Authority. The petitioner's primary contention was the alleged non-functioning of the Appellate Authority, which prevented them from availing the alternative remedy. The respondents countered by asserting the functionality of the Appellate Authority, thereby questioning the maintainability of the writ petition.
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
CGHC010348032026
2026:CGHC:43556
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5035 of 2026 1 - Gopal Bhai Patel S/o Mr. Parvat Bhai Patel, Aged About 54 Years R/o Indraprastha, A-401, 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 Praadise Hotel, Bilaspur Road Khamtari, Raipur, District Raipur C.G. 2 - Chhattisgarh Real Estate Regulatory Authority (C G - R E R A) 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 C.G. 4 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, C.G.
... Respondent(s) For Petitioner(s) : Mr. Himanshu Pandey,
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