Allahabad High Court
M/S Imperia Structures Limited vs State Of U P And 5 Others on 27 January, 2021
Bench: Pankaj Naqvi, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 21342 of 2020 Petitioner :- M/S Imperia Structures Limited Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Uday Pratap Singh,Kundan Rai Counsel for Respondent :- C.S.C.,Wasim Masood Hon'ble Pankaj Naqvi,J.
Hon'ble Piyush Agrawal,J.
Heard Shri Uday Pratap, learned counsel for the petitioner, learned Standing Counsel for the State respondent no. 1 and Shri Wasim Mosood for respondent nos. 2, 3 & 4.
This writ petition is preferred against the order dated 09.09.2019 passed by respondent no. 3, by which the petitioner has been directed to give physical possession of the flat and also, for payment of interest for delay in delivering physical possession to respondent nos. 5 & 6.
Shri Masood, learned counsel for respondent nos. 2 to 4, raised a preliminary objection that petitioner may address its grievance before the Appellate Tribunal under section 44 of the Real Estate (Regulation & Development) Act, 2016, which provides for a statutory remedy of appeal against any direction or order or decision of the Authority, which learned counsel for the petitioner is unable to controvert.
The writ petition is dismissed on the ground of alternate remedy.
Order Date :- 27.1.2021 Amit Mishra