Court No. - 37
Case :- WRIT - C No. - 20534 of 2019 Petitioner :- M/S Unnati Fortune Holdings Ltd Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Dubey,Ananya Pandey,Sri C.L. Pandey, Senior Advocate Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Sri C.L.Pandey, Senior Advocate assisted by Sri Ashish Kumar Dubey, learned counsel for the petitioner, learned standing counsel for the State of U.P., Sri Kaushlendra Nath Singh, learned counsel for the respondent no.3 and Sri Wasim Masood, learned counsel for the respondent no.2.
A preliminary objection has been raised by the learned counsel for the respondents that the impugned order is appealable under section 43 of the Real Estate (Regulation and Development) Act, 2016, (hereinafter referred to as the Act) and the petitioner has an alternative remedy under the law.
This writ petition raises highly disputed question of facts, which according to the learned counsel for the respondents shall be examined by the appellate authority.
Although in the writ petition it has been stated that the appellate authority is not functioning but learned counsel for the respondents has produced before this Court two letters dated 30.3.2019 and 2.4.2019 showing that the appellate authority has been constituted. He has also produced an order of this Court dated 29.4.2019 dismissing the writ petitioner of the similar nature on the ground of alternative remedy of appeal.
Difficulty of the petitioner, at present is that although under section 43 of the Act 60 days limitation has been provided for filing an appeal but the respondent authorities are proceeding to allot the entire project under the impugned order to a third party under section 8 of the Act.
In view of the facts of this case, the writ petition is disposed of giving liberty to the petitioner to file an appeal under section 43 of the Act within the period of limitation as provided under the Act. Till expiry of the limitation status quo in respect of the property of the petitioner under the impugned order shall be maintained.
Order Date :- 25.6.2019 samz