Kishore Kunal vs The State Of Bihar
2022 Latest Caselaw 2134 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20230 of 2021
     ======================================================

1. Kishore Kunal S/o Shri Ram Narayan Brahmachari, R/o H/N 102, Mainpura Siddheshwar Nagar, P.S. Patliputra Patna, Bihar-800001.

2. Gaurav Sharma, S/o Manoj Kumar Madhukar, R/o H. No. 247, Kaliket Nagar, P.S. Rupaspur Thana, West Bailey Road, Patna-801503.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The Chairman, Bihar Real Estate Regulatory Authority, Patna.

4. The Registrar General, Patna High Court, Patna.

5. The Secretary, Bihar RERA, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kunal, Advocate For the Respondent/s : Mr. Subash Prasad Sinha (GA-3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================

Date : 15-04-2022

Petitioners have prayed for the following relief(s):-

"i. To issue appropriate writ/s, order/s, Patna High Court CWJC No.20230 of 2021 dt.15-04-2022

direction/s in the nature of mandamus to the respondents for directing them to appoint a regular Adjudicating Officer of Bihar RERA under Section 71 of Real Estate (Regulation and Development) Act, 2016 which empowers the Authority to appoint in consultation with the appropriate Government one or more judicial officer as deemed necessary.

ii. To issue a writ, order, or direction in the nature of mandamus commanding/directing the concerned Respondents to appoint the Adjudicating officer as the Bihar RERA is struggling to dispense justice particularly in the absence of its Adjudicating Officer since last six months who adjudges the quantum of compensation or interest leaving thousands of allottees of various projects across the state of Bihar far from justice.

iii. Pass such other order / orders which may appear fit and proper in the facts and circumstances of the instant case."

In view of the intervening developments, no other

and further orders are required to be passed in the present

petition, save and except, liberty is reserved to the petitioners to

file a fresh petition, on the same and subsequent cause of

action, should the need so arise after a period of three months

from today.

The instant petition stands disposed of in the Patna High Court CWJC No.20230 of 2021 dt.15-04-2022

aforesaid terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 18.04.2022 Transmission Date