Patna High Court
Sanjeev RajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- A ABHISHEK REDDY
Holding
The High Court held that the petitioners must pursue the alternative and efficacious remedy before the RERA Court and therefore the writ petition was dismissed.
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 has jurisdiction to recall or hear appeals against its own orders. The Court observed that the petitioners have an alternative and efficacious remedy available before the RERA Court and that the writ jurisdiction is not appropriate in such circumstances. Consequently, the Court found no merit in the writ petition. The petition was dismissed, with the Court directing the petitioners to avail themselves of the remedy provided under the law.
Issues considered
- Whether the petitioners can approach the High Court by way of a writ petition despite the existence of an alternative and efficacious remedy before the RERA Court
- Whether the interim orders of the Real Estate Regulatory Authority are amenable to writ jurisdiction
Subjects
- writ petition
- jurisdiction
- Real Estate Regulatory Authority
- alternative remedy
- dismissal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16150 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. Sheela Devi, W/o - Arbind Nath Singh, R/o- Village- Awadani Bagha, P.O. -
Parsar, P.S. - Karakat, District- Rohtas, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sharan
For the Respondent/s : Mr.Standing Counsel (24)
======================================================
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.16150 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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