Allahabad High Court
SMT. SWATI CHADHA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court ordered the Real Estate Regularity Bench No.3 to decide the petitioners' online application dated 12.12.2025 within three months, without deciding the merits of the underlying case.
Summary
Petitioners Smt. Swati Chadha and another filed a writ petition seeking a mandamus directing the Real Estate Regularity Bench No.3, Gautam Buddha Nagar, to decide their applications dated 09.12.2025 and 10.12.2025 and to fix an earlier hearing date instead of 27.02.2026. The respondents argued that only online applications are permissible and the petitioners had filed an offline complaint, which they claimed could not be considered. The petitioners countered that they had also filed an online application on 12.12.2025 and therefore sought a direction to decide it promptly. The Court examined the procedural issue and, without adjudicating the merits of the underlying complaint, directed the bench to decide the online application within three months. The writ petition was disposed of with this direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Real Estate Regularity Bench to decide an online application within a stipulated time.
- Whether an offline complaint can be disregarded when an online application has been filed.
Subjects
- mandamus
- writ petition
- procedural law
- online application
- real estate regularity bench
- expeditious disposal
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 45843 of 2025
Smt. Swati Chadha And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Utpal Chatterji
Counsel for Respondent(s) : Mohd. Afzal, C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioners, Mohd. Afzal, learned
counsel for the respondent no.3 and learned standing counsel for
State- respondents.
2. Present petition has been filed seeking following relief:-
"a). Issue a writ, order or direction in the nature of mandamus directing
the Real Estate Regularity Bench No. 3 Gautam Buddha Nagar
Respondent No.3 to decide and dispose of the application dated
09.12.2025 of the petitioners for compliance of the order dated
14.11.2025 and application dated 10.12.2025 for fixing the earliest
possible dated instead of 27.02.2026 in Complaint No.
NCR145/09/132894/2025 for disposal of their complaint case within the
shortest period of time without granting any unnecessary adjournments
to either of the parties."
3. Mohd. Afzal, learned counsel for the respondent no.3 submits that
there is only provision to file application through online mode. But
in the present petition, the petitioner has filed offline complaint.
Therefore, the same cannot be considered.
4. Per contra, learned counsel for the petitioners submitted that the
petitioners have also filed an online application dated 12.12.2025 for
compliance of order dated 14.11.2025. Therefore, direction may be
issued to respondent No.3 to decide the representation within a
stipulated time.
5. In view of the facts and circumstances of the case, the writ petition
is disposed of with a direction to the respondent No. 3 to decide the
online application of the petitioner dated 12.12.2025 as expeditiously
as possible preferably within a period of three months in accordance
with law.
WRIC No. 45843 of 2025
2
6. It is made clear that this Court has not adjudicated the case on
merits. It is upon respondent No.3 to pass order after considering the
relevant Rules as well as facts of the case.
(Garima Prashad,J.) (Neeraj Tiwari,J.)
March 18, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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