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8. Sri T.V.P.Sai Vihari, learned counsel for the respondent No.2, submits that on the complaint filed by respondent No.3, the Authority under RERA has only issued the notice, as per the procedure prescribed under Section 38 of the RERA on the facts as disclosed in the complaint. The petitioners have liberty to state their case and to raise all the above objections before the Authority, which shall be duly attended by the Authority in the pending proceedings.

9. Sri B.V.Krishna Reddy, learned counsel for the respondent No.3 submits that being aggrieved from the structural defect etc. the respondent No.3 filed the complaint under RERA, which is maintainable. He further submits that the filing of the complaint/representation before the Municipal Corporation under the A.P.M.C. Act is not a bar for filing a complaint under the RERA before the Authority. 2021 SCC online SC 1194

10. Having considered the submissions, this Court is of the view that as only notice has been issued to the petitioners by which they are being given opportunity to reply the complaint, and as all the pleas raised by the learned Senior Advocate, can be raised before the Authority under the RERA, it is not a fit case at this stage of the proceedings to invoke the extraordinary writ jurisdiction, particularly when any inherent lack of jurisdiction or any apparent error of jurisdiction in the Authority under RERA in issuing notice to the petitioners on the complaint filed by the respondent No.3 in which the plea inter alia of „structural defect‟, has been raised.

17. With respect to the submission advanced based on Section 11 (4) of the RERA, it could not be shown that the same is a condition precedent to file complaint before the Authority inter alia as regards the complaint of structural defects. Besides the said plea also be considered by the Authority, if so raised.

18. For the aforesaid, this Court is not inclined to entertain the writ petition against the impugned notice, under Article 226 of the Constitution of India which is being disposed of finally, granting liberty to the petitioners to file their response to the complaint, pursuant to the notice, before the Authority, raising inter alia all the pleas as raised in this writ petition, which shall be duly considered and decided by the Authority in accordance with law, with due opportunity to the concerned parties. The plea of lack of jurisdiction in the Authority, if so raised, shall also be considered and decided in accordance with law.