Allahabad High Court
M/S Adhar Infra Holding vs State Of U.P. And 4 Others on 19 January, 2021
Bench: Naheed Ara Moonis, Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 114 of 2021 Petitioner :- M/S Adhar Infra Holding Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shad Khan,Shishir Prakash Counsel for Respondent :- C.S.C. Hon'ble Naheed Ara Moonis,J.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner; Sri Wasim Masood, learned counsel appearing on behalf of respondent nos. 2 and 3 and learned Standing Counsel on behalf of respondent nos. 1 and 4.
The instant writ petition has been preferred against the order dated 20.09.2019 passed in Case/Complaint No. 144/06/0913/2019 (Salim Khan vs. Harish Kumar Sharma/Aadhar Group (Aadhar Infra Holding Ltd.)) as well as against the order/recovery certificate issued on 04.03.2020 passed by respondent no. 3.
Learned counsel appearing on behalf of respondent no. 3 submits that if the petitioner is aggrieved by the contradictory orders passed by the respondent no. 3, it has an alternative remedy to approach before Appellate Tribunal under Section 43 (5) of RERA Act. Hence, the instant writ petition may not be entertained.
Having considered the submission of learned counsel for the parties on account of availability of alternative remedy, we are not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed on the ground of alternative remedy.
Order Date :- 19.1.2021 Saurabh