Mrs. Anjana Vegad vs. M/S Aadharshila 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 as prayed for and 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 The Court accordingly dismissed the instant petition as withdrawn.
Facts
The petitioner, Mrs. Anjana Vegad, filed a writ petition before the High Court of Chhattisgarh challenging an order dated 18.06.2026 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 04.01.2024. The petitioner sought various reliefs, including quashing the RERA Authority's order, declaring possession offered before the Occupancy Certificate void, directing the developer to hand over common areas, and initiating penal proceedings against the developer. The petitioner contended that the RERA Appellate Authority was not functioning properly, necessitating the approach to 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, particularly in light of the petitioner's contention that the Appellate Authority is not functioning properly? Petitioner's Argument: The petitioner argued that the RERA Appellate Authority was not functioning properly, which justified approaching the High Court directly despite the existence of an alternative remedy. The petitioner sought to quash the RERA Authority's order regarding maintenance and GST charges levied prior to the Occupancy Certificate, and other consequential reliefs under the RERA Act, 2016. Respondents' Argument: The RERA Authority, Nagar Nigam, and the State counsel jointly argued that 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.
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
CGHC010348122026
2026:CGHC:44961
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5330 of 2026 1 - Mrs. Anjana Vegad W/o Jitendra Vegad, Aged About 60 Years R/o Indraprastha, A-404, Samrajya Residency, Beside Paradise Hotel, Bilaspur Road, Khamtarai, Raipur 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, District 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) VISHAKHA BEOHAR Digital
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.