Rajasthan High Court
M/S Vivacity Mall Pvt. Ltd vs Rajasthan Real Estate Regulatory ... on 20 January, 2022
Bench: Akil Kureshi, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 12749/2021
M/s Vivacity Mall Pvt. Ltd., Through Its Director Vikas Agarwal
S/o Shri Lalit Kumar Agarwal, Having Its Registered Office At Jai
Jawan Colony, Tonk Road, Jaipur 302011.
----Petitioner
Versus
1. Rajasthan Real Estate Regulatory Authority, Rajasthan
Having Its Office At 2Nd And 3Rd Floor, Rsic Building,
Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)
302005 Through Chairman
2. Registrar, Rajasthan Real Estate Regulatory Authority,
Jaipur.
3. Mr. Vineet Jain S/o Rajendra Jain, R/o C-23, Murtikala
Colony Gopalpura Bypass, Jaipur 302018.
----Respondents
For Petitioner(s) : Mr. Akshat Khandelwal on behalf of
Mr. Anurag Kalavatiya, through VC
For Respondent(s) : Ms. Pallavi Mehta through VC
Mr. Mitesh Rathore, through VC
Ms. Shruti, through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
20/01/2022
The petitioner has made following prayers:-
"i) Issue any writ, order or direction to quash and set aside
the impugned Regulation No.9 of the Rajasthan Real Estate
Authority Regulations, 2017, being ultra vires of the
provisions of the Real Estate (Regulation & Development) Act,
2016.
ii) Issue any writ, order or direction to quash and set-aside
the impugned minutes of meeting dated 25.09.2020 of the
respondents, being ultra vires of the provisions of the Real
Estate (Regulation & Development) Act, 2016.
(2 of 2) [CW-12749/2021]
iii) To direct the respondent no.1 to continue with the
proceedings with complete quorum as per Section 21 of the
Real Estate (Regulation & Development) Act, 2016.
iv) To set aside order dated 02.07.2021 passed by the
Single Member Bench of the Authority without appropriate
quorum.
v) Any other appropriate order or direction which may be
considered just and proper in the facts and circumstances of
the case may kindly also be granted in favour of the
petitioner."
It is undisputed that the issues pertaining to the prayers 1, 2
and 3 noted above are squarely covered by a Division Bench
judgment in the case of Union Bank of India Vs. Rajasthan
Real Estate Regulatory Authority- D.B.Civil Writ Petition
No.13688/2021 and other connected petitions dated
14.12.2021. These prayers therefore do not survive.
Additionally the petitioner has also challenged an order dated
02.07.2021 which according to the petitioner was passed ex-
parte. The petitioner has filed an application for recalling this
order. The application was dismissed on 17.09.2021. These orders
are appealable. We would therefore not survive this petition only
in relation to its last challenge. Let the petitioner prefer the appeal
route if in the process of pendency of this petition period of
limitation has expired, as long as the petitioner files such appeal
by 20.02.2022, the same shall be entertained on merits without
reference of limitation.
The petition is disposed of accordingly.
(SAMEER JAIN),J (AKIL KURESHI),CJ
N. Gandhi/78
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