Court No. - 21
Case :- WRIT - C No. - 42925 of 2018 Petitioner :- Shobha Jaiswal And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Atul Tripathi,Syed Mohammad Abbas Abdy Counsel for Respondent :- C.S.C.,Anjali Upadhya,Bhanu Bhushan Jauhari,Wasim Masood
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Atul Tripathi & Sri Syed Mohammad Abbas Abdy, learned counsels for the petitioners, Sri Anjali Upadhya, Sri Bhanu Bhushan Jauhari & Sri Wasim Masood, learned counsels for the respondents, learned standing counsel for the State and perused the record.
The present writ petition has been filed alleging that the petitioners have booked a Villa in pursuance of the advertisement issued by respondent no.4. The respondent no.4 had assured that the Villa would be constructed and delivered till March 2015. However, despite making payment, neither Villa has been delivered nor the respondent no.4 is now available at the office.
The petitioners have filed a representation before the respondent no.3 and has prayed that the property allotted to the M/s Solitaire Infomedia Pvt. Ltd. be cancelled and the property may be allotted to the petitioners or the deposit made by the petitioners with the respondent no.4 be returned along with interest at the rate of 18% per annum. The respondent no.3 in pursuance of the order passed on 21.12.2018 has received instructions and has stated that the dispute is in between the petitioners and the respondent no.4 (private respondent) and the respondent no.3 has nothing to do in the matter.
Considering the fact that the relief sought is mainly against the private respondent, the writ petition is not maintainable as no writ lies against the private respondent. However, the petitioners may take such remedy as may be available to her under law. Counsel for the petitioners states that he wants to approach the Real Estate Regulatory Authority for redressal of her grievance.
In view of the facts and circumstances of the case, the petitioners may approach the respondent no.2-authority, her grievance shall be decided expeditiously by the respondent no.2.
With the above said observations, the writ petition is disposed off.
Order Date :- 24.1.2019 Hasnain