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Patna High Court

Sanjeev RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court dismissed the writ petition, holding that the petitioners must first avail themselves of the alternative remedy before the RERA Court.

Summary

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). The petitioners sought relief from the High Court without first approaching the RERA Court, which is the designated forum for such disputes. The Court observed that the petitioners have an alternative and efficacious remedy by appearing before the RERA Court or filing an appeal against the orders. Since the High Court is not the appropriate forum when a specific statutory remedy exists, the petition was found to lack merit. Consequently, the writ petition was dismissed, with the Court directing the petitioners to pursue the remedy available under the RERA law.

Issues considered

  • Whether the High Court can entertain a writ petition challenging RERA interim orders when an alternative statutory remedy exists.
  • Whether the petitioners are required to approach the RERA Court before seeking relief from the High Court.

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16118 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.    Shri Manish Prakash, S/o- Sarwan Kumar, R/o- Flat Number 145,
                 Brahamdeo Palace, Adarsh Colony, Khemnichak, P.S. - Ramkrishna Nagar,
                 Patna, Bihar 800027.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Shambhu Sharan
                 For the Respondent/s     :     Mr.Standing Counsel (22)
                 ======================================================
                 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
          Patna High Court CWJC No.16118 of 2025(2) dt.19-01-2026
                                                      2/2




                    petitioners have straightaway approached this Hon’ble Court by

                    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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