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Patna High Court

M/s. Raj Construction,versusReal Estate Regulatory Authority,

Decided
Disposal
WITHDRAWN

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 The court considered whether a writ petition could be withdrawn in light of a statutory authority’s direction to approach a civil forum.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  • Whether a writ petition under the High Court’s civil writ jurisdiction can be withdrawn after a statutory authority (RERA) directs the parties to settle the matter in a civil court.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


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