M/S Sankalp Buildmart Private ... vs Real Estate Regulatory Authority
2022 Latest Caselaw 195 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12707/2020

M/s Sankalp Buildmart Private Limited, Having Its Registered
Office At E-123, 124, Behind Ioc Petrol Pump, Sahkar Marg,
Jaipur Through Its Director And Authorized Signatory Mr. Vikas
Jain.
                                                                    ----Petitioner
                                    Versus
1.      Real Estate Regulatory Authority, Rajasthan Having Its
        Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan,
        Tilak Marg, C-Scheme, Jaipur (Raj.)- 302005.
2.      Ritesh Jain S/o Sumat Chand Jain, Resident Of 11-C,
        Vasundhara      Colony,       Tonk      Road,       Durgapura,    Jaipur-
        302018
                                                                 ----Respondents

For Petitioner(s) : Mr. Harshal Tholia, Adv. through V.C. For Respondent(s) : Mr. Pranjul Chopra, Adv. through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

10/01/2022

Counsel for the parties jointly submitted that the present

writ petition may be disposed of in light of the order dated

17.12.2021 passed by the Division Bench in D.B. Civil Writ Petition

No.5474/2021 in the matter of Arihant Dream Infra Projects Ltd.

Vs. Rajasthan Real Estate Regulatory Authority & Ors.

The order dated 17.12.2021 reads as under:-

"Main challenges in this writ petition are to Regulation 9 of Rajasthan Real Estate Regulatory Authority Regulations, 2017 and consequential resolution dated 25.09.2020 of RERA assigning of complaints to single members. Petitioner's consequential prayer is to set aside an

(2 of 2) [CW-12707/2020]

order dated 23.03.2021 passed by the single member of RERA.

Both these issues are squarely covered by the recent judgment of this Court in case of Union Bank of India Vs. Rajasthan Real Estate Regulatory Authority and Ors. (D.B. Civil Writ Petition No.13688/2021) decided on 14.12.2021. While rejecting the challenge to the regulation and the resolution of RERA the petitioner is allowed to challenge the order dated 23.03.2021 before the Appellate Tribunal for which the petitioner would have 30 days time from today. If such appeal is filed within the time permitted the same shall be decided on merits without raising objection of limitation.

The petition is disposed of. Pending applications if any also stand disposed of."

In that view of the matter, I dispose of this writ petition with

liberty to the petitioner to challenge the order dated 30.09.2020

passed by the Rajasthan Real Estate Regulatory Authority, Jaipur

before the Appellate Tribunal for which the petitioner would have

30 days time from today. If such appeal is filed within the time

permitted the same shall be decided on merits without raising

objection of limitation. Pending applications if any stand disposed

of.

(INDERJEET SINGH),J

Jyoti/93

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