Vineet Taparia S/O Shri ... vs M/S Shri Gargi Buildcon Private ...
2022 Latest Caselaw 1395 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 290/2022

Vineet Taparia S/o Shri Radhyshyam Taparia
                                                                  ----Appellant
                                   Versus
M/s Shri Gargi Buildcon Private Limited
                                                                ----Respondent

For Appellant(s)         :     Mr. Samkit Jain
                               Ms. Shruti Rai on behalf of
                               Mr. Mitesh Rathore
For Respondent(s)        :     Mr. Harshal Tholia

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/02/2022

This appeal is filed by the original respondent No.4 to

challenge the order dated 13.01.2022 passed by the learned

Single Judge. Learned counsel for the appellant pointed out that

by said order the learned Single Judge has quashed an order

dated 29.01.2021 passed by the adjudicating officer under the

Real Estate (Regulation and Development) Act, 2016, which was

not even challenged in the writ petition. Learned counsel for the

developer-original petitioner referred to the decision of the

Supreme Court in the case of M/s. Newtech Promoters and

Developers Pvt. Ltd. Vs. State of U.P. and Ors. (Civil Appeal

No.6745-6749/2021) dated 11.11.2021 and argued that the

order passed by the adjudicating officer was without jurisdiction

and therefore there would be no useful purpose served in

sustaining such an order. He pointed out that in the petition

averments have been made to the effect that the adjudicating

(2 of 2) [SAW-290/2022]

officer was acting without jurisdiction. The prayer for declaring

that he was acting without jurisdiction would thus encompass the

challenge to the final order dated 29.01.2021.

We would like to examine the issues further, particularly in

the context of the observations made by the Supreme Court in

case of M/s. Newtech Promoters and Developers Pvt. Ltd.

(supra) regarding the jurisdiction of the adjudicating officer.

However the judgment of the learned Single Judge requires to be

stayed since prima facie it appears that by said judgment an order

which was not challenged has been quashed.

Under the circumstances, the appeal is admitted. By way of

ad-interim relief the judgment of the learned Single Judge is

stayed. On the condition that the original petitioner deposits the

entire amount awarded by the adjudicating officer, before this

Court within four weeks from today, pending execution

proceedings shall not proceed. Upon such deposit it would be open

for the appellant to withdraw the same after furnishing an

unconditional bank guarantee to return the same in case the

appeal fails. If the amount as directed is not deposited it would be

open for the appellant to pursue the execution proceedings.

                                   (SUDESH BANSAL),J                                                    (AKIL KURESHI),CJ

                                   KAMLESH KUMAR/s-98









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