Arihant Dream Infra Projects Ltd v. Order

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5474/2021 Arihant Dream Infra Projects Ltd., Having Its Registered Office At2Nd Floor, Class Of Pearl, Income Tax Colony Tonk Road, Jaipur-302018 Through Its Director, Mr. Rishabh Goel. ----Petitioner Versus 1. Rajasthan Real Estate Regulatory Authority, Having ItsOffice At 2Nd Floor, Rsic Building, Udyog Bhavan, TilakMarg, C-Scheme Jaipur (Raj.) - 302005 Through ItsChairmanOffice At 2Nd Floor, Rsic Building, Udyog Bhavan, TilakMarg, C-Scheme Jaipur (Raj.) - 302005 Through ItsChairman 2. Rajasthan Real Estate Regulatory Authority, Having ItsOffice At 2Nd Floor, Rsic Building, Udyog Bhavan, TilakMarg, C-Scheme Jaipur (Raj.) - 302005 Through ItsRegistrarOffice At 2Nd Floor, Rsic Building, Udyog Bhavan, TilakMarg, C-Scheme Jaipur (Raj.) - 302005 Through ItsRegistrar 3. Gyan Prakash Singhal Son Of Shri Om Prakash Singhal,Aged About 39 Years, Resident Of Flat No. 105, Orbit 1,Saheli Nagar, Opposite Field Club, Udaipur - 313001Aged About 39 Years, Resident Of Flat No. 105, Orbit 1,Saheli Nagar, Opposite Field Club, Udaipur - 313001 ----Respondents For Petitioner(s) : Mr. Pranjul ChopraFor Respondent(s): Mr. Ankit Sharma HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 17/12/2021 Main challenges in this writ petition are to Regulation 9 ofRajasthan Real Estate Regulatory Authority Regulations, 2017 andconsequential resolution dated 25.09.2020 of RERA assigning ofcomplaints to single members. Petitioner’s consequential prayer isto set aside an order dated 23.03.2021 passed by the singlemember of RERA. Both these issues are squarely covered by the recentjudgment of this Court in case of Union Bank of India Vs.Rajasthan Real Estate Regulatory Authority and Ors. (D.B.Civil Writ Petition No.13688/2021) decided on 14.12.2021.While rejecting the challenge to the regulation and the resolutionof RERA the petitioner is allowed to challenge the order dated23.03.2021 before the Appellate Tribunal for which the petitionerwould have 30 days time from today. If such appeal is filed withinthe time permitted the same shall be decided on merits withoutraising objection of limitation. The petition is disposed of. Pending applications if any alsostand disposed of. (UMA SHANKER VYAS),J (AKIL KURESHI),CJ Kamlesh Kumar/N.Gandhi/82