Patna High Court
M/s. Raj Construction,versusReal Estate Regulatory Authority,
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANIL KUMAR SINHA
Holding
The writ application is disposed, allowing the petitioner to approach the civil court as directed by RERA.
Summary
The petitioners, M/s. Raj Construction, sought to withdraw their writ application after the Real Estate Regulatory Authority (RERA) of Bihar issued a final order on 10 June 2025 directing the parties to resolve the dispute before a civil court. The petitioner argued that compliance with the RERA order rendered the writ petition unnecessary. The court considered whether a writ petition could be withdrawn in light of a statutory authority’s direction to approach a civil forum. It held that the petitioner was free to withdraw the writ and proceed in the civil court as mandated by RERA. Consequently, the writ application was disposed, granting the petitioner liberty to approach the civil court in accordance with law.
Issues considered
- Whether a writ petition under the High Court’s civil writ jurisdiction can be withdrawn after a statutory authority (RERA) directs the parties to settle the matter in a civil court.
Legislation cited
Subjects
- writ jurisdiction
- withdrawal of petition
- RERA
- civil court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19066 of 2024
======================================================
M/s. Raj Construction, Partnership Firm, having its registered Office at New
Chitragupt Nagar, Parvati Path, P.S. Patrakar Nagar, Kankarbagh, Patna, Bihar
800 020, through its Partner namely Rajesh Kumar, Male, aged about 54
years, son of Rajendra Singh, Resident of Near Girls School, Lalji Tola, P.S.-
Gandhi Maidan, P.O.- G.P.O., District- Patna, Bihar.
... ... Petitioner/s
Versus
1. Real Estate Regulatory Authority, Bihar, Patna, through its Secretary, having
its office at 4th and 6th Floor, Bihar State Building Construction Corporation
Campus, Shastri Nagar, Patna - 800 023.
2. Smt. Kavita Singh D/o- Sri Aryanand Singh, W/o- Ravindra Singh Resident
of Rajendra Lane, Sheikhpura, P.S. Shastri Nagar, District- Patna, PIN-800
023, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Shekhar, Adv.
For the Respondent/s : Mr. Jainandra Kumar, Adv.
For the RERA : Mr. Abhinay Priyadarshi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 09-02-2026 1. Mr. Mukesh Kumar, learned counsel appearing for
the petitioner, seeks permission to withdraw the present writ
application in the light of the final order dated 10.06.2025
passed by RERA Authority by which the authority has directed
the parties to move before the Civil Court which the petitioner is
intending to comply.
2. Considering the aforesaid submission, this writ
application is disposed with liberty to the petitioner to approach
the Civil Court in accordance with law.
(Anil Kumar Sinha, J)
HarshPandey/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.