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Patna High Court

Sanjeev RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioners have an alternative and efficacious remedy under the Real Estate (Regulation and Development) Act, 2016.

Summary

The petitioners, Sanjeev Raj and Rajendra Prasad Sinha, filed a writ petition in the Patna High Court challenging interim orders dated 03‑06‑2025 passed by the Real Estate Regulatory Authority (RERA). They sought relief from the High Court despite having a specific statutory remedy to approach the RERA Court for recall of the orders or to file an appeal under the Real Estate (Regulation and Development) Act, 2016. The Court examined whether the writ jurisdiction was appropriate when an alternative and efficacious remedy existed under the statute. Finding that the petitioners had not exhausted the statutory remedy, the Court held that the writ petition lacked merit. Consequently, the petition was dismissed, with the Court directing the petitioners to pursue the remedy available under RERA law.

Issues considered

  • Whether a writ petition is maintainable when a specific statutory remedy under the Real Estate (Regulation and Development) Act, 2016 is available.
  • Whether the High Court should entertain the petition despite the existence of an alternative forum (RERA Court) for relief.

Legislation cited

Subjects

  • writ petition
  • alternative remedy
  • jurisdiction
  • Real Estate Regulatory Authority
  • high court dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16033 of 2025
                 ======================================================
           1.     Sanjeev Raj S/o - Rajendra Prasad Sinha, R/o- Sector B/331, Karori Chak
                  Road, Mitra Mandal Colony, Saket Vihar Colony, Anishabad, P.S.-
                  Anishabad, District- Patna. 800002.
           2.    Rajendra Prasad Sinha, S/o- Late Rameshwar Prasad Sinha, R/o- Sector
                 B/331, Karori Chak Road, Mitra Mandal Colony, Saket Vihar Colony,
                 Anishabad, P.S.- Anishabad, District- Patna. 800002.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar.
           2.    The Chairman, Real Estate Regulatory Authority, Patna.
           3.    The Special Officer Rationing cum Certificate Officer, Patna.
           4.    The Authorized Officer, Real Estate Regulatory Authority, Patna.
           5.    The District Magistrate, Patna.
           6.    The Senior Superintendent of Police, Patna.
           7.    Suman Chatuvedi, W/o- Hari Prakash Chatuvedi, R/o - Flat No. 103, Lalita
                 Resedency, Ruaspur, Bailey Road, P.S.- Rupaspur, Patna, Bihar. 800027.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shambhu Sharan
                 For the Respondent/s     :     Mr. Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   19-01-2026                 The present writ petition has been filed against the

                   interim orders dated 03.06.2025 passed by the Real Estate

                   Regulatory Authority (RERA).

                               2.       The petitioners are having an alternative and

                   efficacious remedy of appearing before the said RERA Court for

                   seeking recall of the orders passed by the RERA or file an

                   appeal against the said order, if he is aggrieved but the

                   petitioners have straightaway approached this Hon’ble Court by
          Patna High Court CWJC No.16033 of 2025(2) dt.19-01-2026
                                                     2/2




                    way of present writ petition.

                                3. Having regard to the same, this Court does not find

                    any merit in the present writ petition. The present writ petition is

                    accordingly, dismissed leaving it open to the petitioners to avail

                    the remedy as available under the law.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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