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Patna High Court

Sudarshan SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the order dated 15 May 2025 and restored the execution proceeding, thereby disposing of the writ petition.

Summary

The petitioner, Sudarshan Sinha, filed a writ petition challenging two orders dated 15 May 2025 and 2 September 2025 issued by the Chairman of the Bihar Real Estate Regulatory Authority (RERA) that allegedly misrepresented the refund of Rs.12 lakh, stating that the full amount had been returned when only Rs.6 lakh was actually refunded. The petitioner sought certiorari to quash those orders and mandamus directing the respondent bank to refund the remaining Rs.6 lakh with compound interest and compensation for mental harassment. The petitioner also relied on an earlier RERA order dated 24 July 2024 that directed a full refund with interest, which had not been complied with. The court observed that the execution proceeding had been improperly dropped based on inaccurate submissions and that the compliance of the 24 July 2024 order remained outstanding. Consequently, the court set aside the 15 May 2025 order, restored the execution proceeding to its original file, and directed RERA to issue appropriate notices and enforce the 24 July 2024 order. The writ petition was therefore disposed of.

Issues considered

  • What is the appropriate remedy for the alleged non‑compliance with the RERA order directing refund of Rs.12 lakh?
  • Whether the orders dated 15 May 2025 and 2 September 2025 passed by the Chairman of RERA Bihar should be quashed?
  • Whether mandamus can be issued directing the respondent bank to refund the remaining amount with interest and compensation?

Legislation cited

Subjects

  • RERA
  • certiorari
  • mandamus
  • refund
  • execution proceeding
  • interest
  • compensation
  • real estate
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.20057 of 2025
                 ======================================================
                 Sudarshan Sinha Son of Shree Shivjee Prasad, Resident of T-6 B, Railway
                 Colony, Near Railway Station, Nabha, Patiala, P.S.- Nabha, District- Patiala,
                 Punjab-147201.


                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Urban Development and Housing Department,
                 Government of Bihar, Patna.
           3.    Real State Regulatory Authority, Bihar, Bihar State Building Construction
                 Campus, Shastri Nagar, Patna through its Chairman.
           4.    The Chairman, Real State Regulatory Authority, Bihar, Bihar State Building
                 Construction Campus, Shastri Nagar, Patna.
           5.    A.S. Ganesh Infra Pvt. Ltd., through its Director Amarkant Singh and Nilam
                 having its registered office at C/o Shashi Bhushan Singh, Chanakaya Nagar
                 Colony, Kumhrar, Near Bhagwat Milan Mandir, P.O.- Agamkuan, P.S.-
                 Agamkuan, District- Patna - 800026.
           6.    S.P. Singh and Associates, through its Director Shankar Singh, having its
                 registered office at 308, Hem Plaza, Fraser Road, Chhaju Bagh, P.S.- Gandhi
                 Maidan, District - Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Kumar Gaurav, Advocate
                                               Mr. Rishi Raj, Advocate
                 For the Respondent/s    :     Mr. Government Pleader (22)
                                               Mr. Rakesh Ranjan, AC to GP-22
                 For the RERA            :     Mr. Jainandra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   16-03-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The writ petition has been filed for the following
Patna High Court CWJC No.20057 of 2025(3) dt.16-03-2026
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          reliefs :-

                                  (I) For issuance of an appropriate writ in the
                          nature of CERTIORARI for quashing the order
                          dated 15.05.2025 passed by the Respondent no.4 in
                          RERA         /Exe/349/2024      arising     out     of
                          RERA/CC/1279/2021 whereby and where under
                          the Respondent no.4 has been pleased to dispose of
                          the matter observing that the entire Principal
                          amount of Rs.12 Lakh has been refunded to the
                          petitioner by the Respondent 2 set notwithstanding
                          the fact that out of total amount of Rs.12 Lakhs
                          given by the petitioner to the Respondent 2 set only
                          the amount of Rs.6 Lakhs was refunded by the
                          Respondent 2 set merely on the basis of so-called
                          statement of the so-called statement of learned
                          counsel appearing on behalf of the petitioner
                          without any support of the document/evidence as
                          produced by the Respondent 2nd set.
                                  (II) For issuance of an appropriate writ in
                          the nature of CERTIORARI for quashing the order
                          dated 02.09.2025 passed by the Respondent no.4 in
                          RERA         /Exe/349/2024      arising     out     of
                          RERA/CC/1279/2021 whereby and where under
                          the Respondent no.4 has been pleased to dispose of
                          the rectification petition filed by the petitioner for
                          rectification of the order dated 15.05.2025 holding
                          that the rectification petition does not come under
                          the purview of typographical /clerical error and
                          hence it cannot be entertained at this point of time.
                                  (III) For issuance of an appropriate writ in
                          the nature of MANDAMUS, commanding and
                          directing the Respondent 2 set to refund the
                          remaining amount of principal amount ie. Rs.6
                          Lacs to the petitioner with 12% compound interest
                          from the date of payment of principal amount to the
                          petitioner till the date of its actual payment
                          forthwith
                                  (IV) For issuance of an appropriate writ in
Patna High Court CWJC No.20057 of 2025(3) dt.16-03-2026
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                          the nature of MANDAMUS commanding and
                          directing the Respondent 2 set for payment of
                          compensation to the petitioner his mental
                          harassment, financial loss and undue litigations
                          caused due to malafide intention of the Respondent
                          20 set.
                                 (V) For issuance of any other appropriate
                          writ/writs, order/orders direction/ directions for
                          which the writ petitioner would be entitled under
                          the facts and circumstances of the case.

                      3. Learned counsel for the petitioner submits that the

          Single Bench of RERA Bihar vide order dated 24.07.2024 had

          directed the respondent-bank to refund the principal amount of

          Rs.12 lakh to the complainant along with interest at the rate of

          marginal cost of fund based leading rate (MCLR) of State Bank

          of India as applicable for three years plus 2% interest from the

          date of refund within a period of 60 days of issue of order in

          question.

                      4. Learned counsel for the petitioner next submits that

          when the amount in question was not paid, the petitioner is said

          to have initiated an execution proceeding by filing a RERA

          Exe.349/2024 case, before the RERA Authorities and in view of

          incomplete instructions received from the complainant and

          being misinformed, the learned counsel for the complainant,

          made submissions that the entire amount has been refunded and

          in view of the submissions made, the Execution proceeding is
           Patna High Court CWJC No.20057 of 2025(3) dt.16-03-2026
                                                      4/4




                     said to have been dropped.

                                 5. On the other hand, learned counsel for the RERA

                     does not dispute the factual position and accordingly, in view of

                     the submissions made by the parties and materials available on

                     record, this Court, taking note of the fact that the compliance of

                     the order dated 24.07.2024 has admittedly not been made and

                     accordingly, finds it appropriate to set aside the order dated

                     15.05.2025 passed in RERA/Exe/349/2024 arising out of

                     RERA/CC/1279/2021 and the execution proceeding so initiated

                     by the complainant is restored to its original file and the

                     authorities of the RERA are directed to issue appropriate notice

                     to all concerned and proceed from the stage thereon in

                     accordance with law, ensuring compliance of the order dated

                     24.07.2024 passed in RERA/CC/1279 of 2021.

                                 6. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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