M/S Arihant Dream Infra Projects Limited v. Shrishthi Gupta

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7481/2023 M/s Arihant Dream Infra Projects Limited, Through Its DirectorMr. Rishabh Goel Having Its Office At Second Floor, Class OfPearl, Income Tax Colony, Tonk Road, Jaipur - Rajasthan ----Petitioner Versus 1. Rajasthan Real Estate Regulatory Authority, Through TheAuthority Having Its Address At 2Nd And 3Rd Floor, RsicBuilding, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur302005.Authority Having Its Address At 2Nd And 3Rd Floor, RsicBuilding, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur302005. 2. Shrishthi Gupta D/o Mr. Banwari Lal Gupta, Aged About23 Years, Resident Of 183/133, Sector 18, Pratap Nagar,Sanganer, Jaipur.23 Years, Resident Of 183/133, Sector 18, Pratap Nagar,Sanganer, Jaipur. 3. Kamlesh Gupta W/o Mr. Banwari Lal Gupta, Aged About58 Years, Resident Of 183/133, Sector 18, Pratap Nagar,Sanganer, Jaipur.58 Years, Resident Of 183/133, Sector 18, Pratap Nagar,Sanganer, Jaipur. 4. M/s Shree Krishnam Star Hotels And Real Estates (P) Ltd.,Through Its Director, Registered Office At House No.2,Barwara House Colony, Civil Lines, Ajmer Road, Jaipur.Through Its Director, Registered Office At House No.2,Barwara House Colony, Civil Lines, Ajmer Road, Jaipur. ----Respondents For Petitioner(s): Mr. Nitish Kumar BagriFor Respondent(s): Mr. Amit Chhangani HON'BLE MR. JUSTICE INDERJEET SINGH Order 08/08/2023 Counsel for the parties submits that the issue involved in thiswrit petition has been considered and decided by this Court in thematter of Arihant Dream Infra Projects Limited Vs. Rajasthan RealEstate Regulatory Authority (S.B. Civil Writ PetitionNo.8190/2023) wherein on 10.07.2023, the following order waspassed:- “This writ petition, which has beenfiled assailing the legality and validity ofthe order dated 16.03.2021 passed byAdjudicating Authority, Rajasthan RealEstate Regulatory Authority, Jaipur, is beingdisposed of in following terms on therequest and with the consent of learnedcounsels for the respective parties:- 1. The order dated 16.03.2021 passed bythe Adjudicating Authority allowing theapplication no.2018-2452 is quashed andset aside. 2. The application no.2018-2191 standstransferred to the RERA Authority withnecessary modifications to be carried outby the respondent no.2 within a period oftwo weeks from today whereupon, theRERA Authority shall proceed to decide thesame in accordance with law within aperiod of three months. 3. The parties shall remain present before the RERA Authority on 19.07.2023.” In that view of the matter, this writ petition stands allowed. The order passed by the RERA Authority dated19.01.2023/19.07.2023 is set aside. The RERA Authority is furtherdirected to hear and decide the Application No.2018-2191 afreshin accordance with law within a period of three months. Theparties shall remain present before the RERA Authority on25.08.2023. Both the parties are at liberty to make necessaryamendments in their pleadings. (INDERJEET SINGH),J JYOTI /45