Mrs. Manisha Walkar vs. M/S Aadharshila Developers PVT. LTD.
Held
The Court did not decide the merits of the petitioner's challenge to the RERA order. Instead, the Court accepted the petitioner's request to withdraw the writ petition. The Court noted that the petitioner sought permission to withdraw the petition with liberty to file a duly constituted appeal before the 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, particularly the interim application, in accordance with the law and endeavor to decide it expeditiously. The core issue of whether the RERA order was validly challenged before the High Court was rendered moot by the withdrawal.
Facts
The petitioner, Mrs. Manisha Walkar, 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 directions, including holding possession offered before the certificate void and directing the developer (Respondent No. 1) to hand over common areas to the registered association. The petitioner stated she approached the High Court due to the RERA Appellate Authority not functioning properly. However, respondents 2, 3, and the State counsel submitted that the Appellate Authority was functioning and entertaining matters.
Key Issues
1. Whether the petitioner was justified in approaching the High Court directly via a writ petition, bypassing the RERA Appellate Authority, given the alleged non-functioning of the Appellate Authority? (Question of law) Petitioner's Argument: The petitioner argued that she approached the High Court because the RERA Appellate Authority was not functioning properly, implying a lack of efficacious alternative remedy. Revenue/State's Argument: Respondents 2 (RERA), 3 (Nagar Nigam), and the State counsel contended that the RERA Appellate Authority was indeed functioning, entertaining matters, and hearing interim applications. Therefore, the petitioner ought to have approached the Appellate Authority first 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
CGHC010348112026
2026:CGHC:43559
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5046 of 2026 1 - Mrs. Manisha Walkar W/o Mr. Charan Das Walkar Aged About 48 Years R/o Indraprastha, A-702, Samrajya Residency, Next To Paradise Hotel, Bilaspur Road, Khamtarai, Distt. Raipur, Chhattisgarh.
... Petitioner(s) versus 1 - M/s Aadharshila 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, Distt. Raipur, Chhattisgarh. 2 - Chhattisgarh Real Estate Regulatory Authority (C G-R E R A) Through Its Secretary, Shastri Chowk, Raipur, Distt. Raipur, Chhattisgarh. 3 - Nagar Nigam Mukhalay Through Its Commissioner, Near Gandhi Udyan And Mahila Police Thana, Chhotapara, Raipur, Distt. Raipur, Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.
... Respondent(s
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