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Patna High Court

Sushma VermaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                       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
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          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
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                                 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


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