Patna High Court
Sushma VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The High Court set aside the erroneous RERA order and restored the execution case for proper conclusion.
Summary
Sushma Verma filed a writ petition under Article 226 seeking relief against a RERA order dated 24‑07‑2025 that incorrectly stated her principal amount had been refunded. The RERA Court had earlier ordered the private respondent, Grih Vatika Homes, to refund Rs 9,26,697 with interest, but the execution case was disposed on the erroneous premise that the refund had been made. The petitioner contended that the refund was not effected, sought quashing of the erroneous order, a direction to refund the amount with 12% compound interest, and compensation for mental harassment. The RERA authority admitted a bona‑fide error and agreed that the matter could be remanded for execution. The Patna High Court held that the order was erroneous, set it aside, and restored the execution case for conclusion within two months, thereby disposing of the writ petition.
Issues considered
- Whether the order dated 24‑07‑2025 passed by the RERA authority, stating that the principal amount was refunded, is erroneous and can be set aside by the High Court.
- Whether the High Court has jurisdiction under Article 226 to intervene in the execution proceedings of the RERA authority.
- Whether the petitioner is entitled to a refund of the principal amount with interest and compensation for mental harassment.
Legislation cited
Subjects
- RERA
- refund
- execution proceedings
- writ petition
- Article 226
- real estate
- compensation
- interest
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18292 of 2025
======================================================
Sushma Verma W/o Rajiva Kumar Sinha, Resident of M-302, Sumit
Chandram Griham Apartment, Ramnagri Road, Ashiana Nagar, P.S.- Rajeev
Nagar, Dist.- Patna, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Urban Development
Department, Bihar, Patna.
2. The Principal Secretary, Urban Development Department, Bihar, Patna.
3. Real State Regulatory Authority, Bihar, Bihar State Building Construction
Corporation Campus, Shastri Nagar, Patna, through its Chairman.
4. The Chairman, Real State Regulatory Authority, Bihar, Bihar State Building
Construction Corporation Campus, Shastri Nagar, Patna.
5. Grih Vatika Homes Pvt. Ltd., through its Managing Director, Ranjeet Kumar
Jha, Dipty Roy Complex, Srikrishnapuri, P.S.-Srikrishna puri, Boring Road,
Patna.
6. Ranjeet Kumar Jha, the Managing Director, male, age not known, S/o not
known, Grih Vatika Homes Pvt. Ltd., Dipty Roy Complex, Srikrishnapuri,
P.S.- Srikrishna puri, Boring Road, Patna.
7. Anita Tiwari W/o not known, Director cum authorised signatory, Grih Vatika
Homes Pvt. Ltd., Dipty Roy Complex, Srikrishnapuri, P.S.- Srikrishna puri,
Boring Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate
For the Respondent/s : Mr. Government Advocate 07
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-06-2026 Learned counsel for the petitioner submits that the
appellate authority of RERA is not functional, therefore, this
petitioner has approached this Court by invoking the jurisdiction
of Article 226 of the Constitution of India.
2. Learned counsel for the RERA has no objection to
the same.
Patna High Court CWJC No.18292 of 2025(2) dt.15-06-2026
2/5
3. In view of the stand so taken, the defect(s) with
regard to maintainability is ignored.
4. The writ petition has been filed for the following
reliefs :-
(A) For issuance of an appropriate
Writ/s, Order/s or direction for quashing of the
order dated 24.07.2025 by which the learned
RERA Court has disposed of the Exe. Case No. 197
of 2024 arising out of Case No.
RERA/CC/342/2023 observing that principal
amount has been refunded to the petitioner, which
is not correct and the consequential order dated
29.08.2025 by which the rectification of the said
erroneous order has been denied.
(B) For issuance of an appropriate
Writ/s, Order's or direction to the private
respondents to refund the entire amount, paid to
them by the petitioner, with 12 percent compound
interest from the date of booking. i.e.. 04.03.2013
till the date of actual entire payment to the
petitioner.
(C) For issuance of an appropriate
Writ/'s, Order's or direction to the private
respondents for payment of compensation for the
mental harassment, financial damages and undue
litigations.
(D) For issuance of consequential relief
directing the concerned respondents to take
immediate and appropriate action to ensure the
return of the amount already paid to the private
respondent to the petitioner who is legally entitled
for the same.
(E) For any other relief reliefs the
petitioner is found entitled to in the facts and
Patna High Court CWJC No.18292 of 2025(2) dt.15-06-2026
3/5
circumstances of the present case.
5. Learned counsel for the petitioner submits that the
petitioner being aggrieved by the behavior / action of the private
respondent No.6 that despite the amount which was deposited
for allotment of flat, the same has not been given within 5 years,
even after clearance of the cheque amount given by the
petitioner as against 2 flats, being Flat Nos. 306 and 308-A, for
which the petitioner is said to have filed a complaint being
RERA/CC/342/2023, which was registered and the proceeding
commenced on 02.01.2024, and the case was heard and notices
were issued to the private respondents, who were directed to
appear on 24.01.2024.
6. It has further been submitted that again the case
was heard on 01.01.2024 and RERA authorities were pleased to
direct the Managing Director (respondent No.6) to refund the
principal amount of Rs.9,26,697/- to the petitioner with interest
within 60 days of the order and it is the case of petitioner that
when the said order was not complied with by the respondent
No.6, they were compelled to file Execution Case being Exe.
Case No.197 of 2024.
7. It is the case of the petitioner that on the basis of
Patna High Court CWJC No.18292 of 2025(2) dt.15-06-2026
4/5
wrong submissions, the execution case was dropped and
disposed of and when this petitioner filed an application for
rectification / recall of the order dated 24.07.2025, wherein it
has wrongly been stated that “Parties are mutually agree to the
fact that the principal amount has been refunded to the
petitioner”, the RERA authorities in Exe. Case No.197 of 2024
arising out of RERA/CC/3242/2023, has declined to pass any
appropriate order on the recall petition stating that it is not a
clerical error and since, the order has been passed and the
authorities do not have any power to recall such orders, as such
in order to seek intervention in the execution case, which is said
to have been disposed of by the RERA authorities on
24.07.2025, the instant writ petition has been filed.
8. On the other hand, learned counsel for the RERA
fairly submits that the grounds which have been mentioned for
intervention by this Court, appears to be bonafide and this
matter may be remanded to the authorities concerned for
executing the order passed in the case being
RERA/CC/3242/2023, as from the materials available on
record, it appears that the amount which was directed to be
refunded in favour of the petitioner, has not been refunded by
the respondent No.6.
Patna High Court CWJC No.18292 of 2025(2) dt.15-06-2026
5/5
9. Considering the aforesaid fact that there is apparent
error in the order dated 24.07.2025 passed by the RERA
authorities in Exe. Case No.197 of 2024 arising out of
RERA/CC/3242/2023, this Court finds it appropriate to set aside
the same and directs restoration of Exe. Case No.197 of 2024
arising out of RERA/CC/3242/2023 and conclude the same
within a period of two months by issuing notice to respondent
No.6, for bringing the same to its logical conclusion.
10. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.