Allahabad High Court
Rajesh Singla And Another vs State Of U.P. And 4 Others on 22 December, 2023
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:242893-DB Court No. - 21 Case :- WRIT - C No. - 44271 of 2023 Petitioner :- Rajesh Singla And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vivek Saran Counsel for Respondent :- CSC,Ashish Mishra,Mohd. Afzal Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Manish Kumar Nigam,J.
1. Heard Shri Vivek Saran, learned counsel for the petitioners, Shri Rahul Agarwal and Mohd. Afzal, learned counsel for respondent No. 3 and Shri Ashish Mishra, learned counsel for respondent No.4.
2. The prayer made in the instant petition is for staying the operation of the order dated 08.12.2022 passed by RERA till the disposal of the appeal filed by the petitioner-company against the said order.
2. The said prayer has been made on the ground that the Appellate Tribunal was not functional because of non availability of Technical Member.
3. Learned counsel appearing for respondents submits that by order dated 15.12.2023, a Bench has been constituted for hearing the appeals. It comprises of the Hon'ble Chairman and the Judicial Member. The notice issued in this regard dated 15.12.2023 by the Registrar, U.P. Real Estate Appellate Tribunal, Lucknow has been placed before us.
4. As the Appellate Tribunal is now functional and the Bench is available for hearing the appeal, therefore, we leave it open to the petitioner to approach the Appellate Tribunal for appropriate reliefs and interim protections.
5. At this stage, learned counsel for the petitioners submits that the some time may be specified for decision of the appeal by the Appellate Tribunal.
6. Learned counsel for the State-respondent and UPRERA have no objection to the same.
7. Accordingly, petition is disposed of by providing that the appeal shall be decided expeditiously preferably within three months from the date of communication of the instant order.
Order Date :- 22.12.2023 Mukesh Kr.
(Manish Kumar Nigam,J.) (Manoj Kumar Gupta,ACJ)