Royal Buildsquare Pvt. Ltd vs Adjudicating Officer, Rajasthan ...
2022 Latest Caselaw 210 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                 S.B. Civil Writ Petition No. 15007/2021

                                   Royal Buildsquare Pvt. Ltd
                                                                                                        ----Petitioner
                                                                      Versus
                                   Adjudicating Officer, Rajasthan Real Estate Regulatory Authority
                                                                                                      ----Respondent

For Petitioner(s) : Mr. Harshal Tholia, through VC.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

10/01/2022

Counsel for the petitioner submits that the Adjudicating

Officer has ordered for refund of the whole amount along with

penalty and interest in favour of the respondent(s), whereas the

Adjudicating Officer has no jurisdiction to pass the order of refund

and the same lies with the regulatory authority.

Counsel for the petitioner relied on the judgment passed by

the Hon'ble Supreme Court in the matter of 'M/s. Newtech

Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors.'

(Civil Appeal No. 6745-6749 of 2021) decided on 11.11.2021.

In that view of the matter, issue notice to the respondent(s),

returnable by eight weeks.

Meanwhile, operation of the order dated 12.01.2021

(Annexure-2) shall remain stayed.

List along with CW No.13133/2021.

(INDERJEET SINGH),J

MG/119

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