Court No. - 39
Case :- WRIT - C No. - 8862 of 2019 Petitioner :- Oasis Builders (India) Private Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kundan Rai,Rakesh Pande Counsel for Respondent :- C.S.C.,Wasim Masood Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Rakesh Pandey, learned counsel for the petitioner, Shri Shashi Nandan, learned Senior Counsel assisted by Shri Wasim Masood, learned counsel for respondent no. 2 and learned standing counsel for respondent no. 1.
The petitioner, in this writ petition, is seeking quashing of the order dated 05.02.2019, on which a preliminary objection was raised by the learned Senior Counsel for the respondent that the petitioner has an alternative remedy under sub- section (5) of section 43 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as 'the Act of 2016'). Shri Rakesh Pandey, counsel for the petitioner did not dispute the legal objection on the question of appellate forum.
We, therefore, dismiss this writ petition with liberty to the petitioner to avail his remedy under section 43 of the Act of 2016.
We further provide that if the petitioner files his appeal within 15 days from today, the appellate authority shall hear the appeal on merits ignoring the question of limitation.
Order Date :- 29.4.2019 Amit Mishra