Court No. - 29
Case :- WRIT - C No. - 22430 of 2019 Petitioner :- M/S Sarvottam Realcon Pvt. Ltd.
Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Suneel Kumar Rai,Mr Shashi Nandan(Senior Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Shashi Nandan, Senior Counsel assisted by Sri Suneel Kumar Rai, learned counsel for the petitioner, learned Standing Counsel and Sri Anil Tiwari, learned counsel for respondent No.2.
The petitioner is a builder and is aggrieved by the order dated 05.06.2018 passed by Authorised Officer/Adjudicating Authority, Uttar Pradesh Real Estate Regulatory Authority whereunder petitioner has been directed to refund the amount invested by the respondent No.4 with interest within a period of 2 months.
The submission of counsel for the petitioner was that the aforesaid order was passed without any notice or opportunity of hearing to the petitioner in violation of principles of natural justice.
Accordingly, we had given time to counsel for the respondent No.2 to seek instructions if the order is in violation of principles of natural justice.
Sri Tiwari, on the basis of the instructions informs that the petitioner was given due notice and that the order sheet reveals that he was present and he had signed the same.
In view of the order sheet so produced bearing the signatures of the representative of the petitioner, it cannot be said that the order has been passed in breach of principles of natural justice.
The aforesaid order on merits can be assailed by the petitioner by filing an appeal before the Real Estate Appellate Authority.
In view of the alternative remedy so available with the petitioner, we dispose off the writ petition with liberty to the petitioner to avail the said remedy in accordance with law.
Order Date :- 31.7.2019 Nirmal Sinha