Allahabad High Court
M/S Saya Homes Private Limited vs State Of U.P. And 4 Others on 25 May, 2022
Bench: Pritinker Diwaker, Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 13139 of 2022 Petitioner :- M/S Saya Homes Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Sharma,Sr. Advocate Counsel for Respondent :- C.S.C.,Wasim Masood Hon'ble Pritinker Diwaker,J.
Hon'ble Ashutosh Srivastava,J.
Sri U.C. Saxena, learned senior Advocate assisted by Sri Ashutosh Sharma, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Anil Tiwari, learned senior Advocate assisted by Sri Wasim Masood, learned counsel for RERA.
At the outset, learned counsel for petitioner wants to withdraw this writ petition with liberty to avail remedy of filing appeal before the RERA Appellate Tribunal. He further submits that limitation period for filing appeal has already been expired and, therefore, the Appellate Authority be directed to accept the appeal ignoring the point of limitation.
Learned counsel appearing for respondents has no objection to this proposition.
Without expressing any opinion on the merits of the case, petition is dismissed as withdrawn with the aforesaid liberty.
Needless to state that in the eventuality of filing any appeal by the petitioner within three weeks from today, the Appellate Authority is directed to decide the appeal on merits ignoring the point of limitation.
Order Date :- 25.5.2022 SK (Ashutosh Srivastava,J.) (Pritinker Diwaker,J.)