Rajasthan High Court
Jaipur Development Authority vs Real Estate Regulatory Authority ... on 11 October, 2023
Bench: Ganesh Ram Meena
[2023:RJ-JP:28700]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14438/2020
Jaipur Development Authority, Through Secretary, Indira Circle,
J.l.n. Marg, Jaipur
----Petitioner
Versus
1. Real Estate Regulatory Authority, Government Of
Rajasthan Having Its Address At 2Nd And 3Rd Floor, Rsic
Building, Udhyog Bhawan, Tilak Marg, C-Scheme, Jaipur-
302005
2. Vinod Kumar Agrawal, R/o 213, Swami Vihar, T.n. Mishra
Marg, Nirman Nagar, Ajmer Road, Jaipur - 302006.
3. Jaipur Metro Rail Corporation Limited, Through Its
Chairman And Managing Director Having Registered Office
At Admin Building, Metro Depot, Bhrigu Path, Mansarovar,
Jaipur- 302020.
----Respondents
For Petitioner(s) : Mr. Anuroop Singhi
Mr. Devansh Sharma
Mr. Arjun Parashar
For Respondent(s) : Ms. Priyanshi Katta
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
11/10/2023
1. Counsel for the petitioner submits that the present writ
petition has been filed against the order dated 22.09.2020 passed
by the Rajasthan Real Estate Regulatory Authority in Complaint
No.RAJ-RERA-C-2020-3622; titled as Vinod Kumar Agrawal Vs.
JDA & Jaipur Metro Rail Corporation Ltd.
2. Counsel appearing for the respondent at very outset
submitted that the petitioner-JDA is already having an alternative
and efficacious statutory remedy of appeal under the provision of
[2023:RJ-JP:28700] (2 of 2) [CW-14438/2020]
Section 43 of the Real Estate (Regulation and Development) Act,
2016 (in short 'the Act of 2016). Counsel for the respondent has
also referred the order of this Court dated 02.06.2023 passed in
similar matter (S.B. Civil Writ Petition No.2120/2021; titled
M/s Hindustan Fibers Ltd. Vs. State of Rajasthan & Ors.)
3. Counsel appearing for the petitioner- JDA is not in a position
to contest that the JDA is not having a remedy of appeal against
the order under challenge in the present writ petition.
4. Considering the submissions made by counsel for the
petitioner and taking into consideration the judgment passed by
this Court in case of M/s Hindustar Fibers Ltd. (supra) relying
on the matter of Arihant Dream Infra Projects Ltd. Vs.
Rajasthan Real Estate Regulatory Authority & Ors. decided
on 17.12.2021, the present writ petition is disposed of with liberty
to the petitioner to challenge the order dated 22.09.2020 passed
by the Rajasthan Real Estate Regulatory Authority in Complaint
No.RAJ-RERA-C-2020-3622; titled as Vinod Kumar Agrawal Vs.
JDA & Jaipur Metro Rail Corporation Ltd. before the Appellate
Tribunal for which the petitioner is allowed thirty (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.
5. Since the main petition has been disposed of, all other
pending application/s, if any, also stand disposed of.
(GANESH RAM MEENA),J
ARTI SHARMA /507
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