MRS. ANJANA VEGAD vs M/S AADHARSHILA DEVELOPERS PVT LTD.

1

CGHC010348122026 2026:CGHC:44961
VISHAKHA
BEOHAR
NAFR
Digitally signed
by VISHAKHA
BEOHAR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5330 of 2026
1 - Mrs. Anjana Vegad W/o Jitendra Vegad, Aged About 60 Years R/o
Indraprastha, A-404, Samrajya Residency, Beside Paradise Hotel,
Bilaspur Road, Khamtarai, Raipur District- Raipur (C.G)
... Petitioner(s)
versus
1 - M/s Aadharshila Developers Pvt Ltd. Through Its Partner Mr. Ashok
Patel S/o Devshi Bhai Patel Age About 52 Years Having Registered
Office At Samrajya Residence Business Plaza, Second Floor Next
Paradise Hotel, Bilaspur Road Khamtarai, Raipur, District Raipur (C.G.)
2 - Chhattisgarh Real Estate Regulatory Authority (C G - R E R A )
Through Its Secretary, Shastri Chowk, Raipur, District Raipur
Chhattisgarh.
3 - Nagar Nigam Mukhalay, Through Its Commissioner, Near Gandhi
Udyan And Mahila Police Thana, Chhotapara, Raipur, District -Raipur
Chhattisgarh.
4 - State Of Chhattisgarh, Through The Secretary, Department Of
Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nava Raipur, District Raipur, Chhattisgarh.
... Respondent(s)

2
For Petitioner(s) : Mr. Rajvansh Singh, Advocate.
For Respondent(s)/State : Mr. Sangharsh Pandey, G.A.
For Respondent No. 2 : Mr. Pranjal Agrawal, Advocate.
For Respondent No. 3 : Mr. Pankaj Agrawal, Advocate.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
26/10/2026
1. The defect pointed out by the Registry is overruled. Accordingly,
the matter is heard finally.
2. By way of this petition, the petitioner has prayed for following
reliefs:-
“10.1. Issue a Writ, Order, or Direction in the
nature of CERTIORARI, quashing and setting
aside the impugned order dated 18.06.2026
passed by Respondent No. 2 (RERA Authority) to
the extent it illegally directs the Petitioner to pay
maintenance charges and GST prior to the
issuance of a valid Occupancy/Completion
Certificate on 04.01.2024;
10.2. Issue a Writ, Order, or Direction the nature
of MANDAMUS, holding and declaring that any
possession offered or handed over prior to the
issuance of the statutory Occupancy/Completion
Certificate on 04.01.2024 is null, void, and illegal
in terms of Section 11(4)(b) and Section 19(10) of
the RERA Act, 2016, and cannot form the basis
for levying maintenance charges;
10.3. Issue a Writ, Order, or Direction in the
nature of MANDAMUS, forthwith hand over
complete directing Respondent No. 1 to forthwith
hand over complete physical possession, control,

3
and management of all common areas, facilities,
amenities, sanctioned plans, and title records to
the registered Association of Allottees (Samrajya
Residency Residential Co-operative Society) in
accordance with Section 17(1) and Section 17(2)
of the RERA Act, 2016;
10.4. Issue a Writ, Order, or Direction in the
nature of MANDAMUS, directing Respondent No.
2 to initiate penal proceedings against
Respondent No. 1 under Section 63 of the RERA
Act, 2016 for continuous non-compliance with
statutory duties and orders passed by the
Authority;
10.5. Issue a Writ, Order, or Direction in the
nature of MANDAMUS, directing Respondent No.
2 to appoint judicial officer as per Section-71 of
RERA for adjudging compensation for violation of
Section 18 (3) of RERA Act penal proceedings
against Respondent No. 1 for continuous non-
compliance with statutory duties and orders
passed by the Authority;
10.6. Or in alternative Reserve the statutory right
of the Petitioner and the Association of Allottees
to approach the Adjudicating Officer under
Section 71 read with Section 18(3) of the RERA
Act, 2016 for claiming full compensation for delay,
defects, and harassment;
10.7. Grant costs of the petition in favour of the
Petitioner; and
10.8. Pass such other or further order(s) as this
Hon'ble Court may deem fit and proper in the
interest of justice, equity, and good conscience.”

4
3. Learned counsel for the petitioner submits that, since the RERA
Appellate Authority was not functioning properly, the petitioner has
approached this Court despite having an alternative remedy
before the RERA Appellate Authority.
4. Learned counsel appearing for respondent No.2/RERA submits
that the Appellate Authority is functioning and entertaining matters.
He further submits that interim applications are also being heard
by the Appellate Authority. Therefore, the petitioner ought to have
approached the RERA Appellate Authority against the order
passed by the RERA.
5. Learned counsel appearing for respondent No.3 also submits that
the RERA Appellate Authority is functioning and is entertaining
applications for stay and passing appropriate orders in appropriate
cases.
6. Learned State counsel also submits to the same effect.
7. At this stage, learned counsel appearing for the petitioner seeks
permission of this Court to withdraw the present petition with
liberty to file a duly constituted appeal before the concerned
RERA Appellate Authority along with an appropriate interim
application.
8. In the event that the petitioner files an appeal before the RERA
Appellate Authority, the said Authority shall consider the appeal
and, in particular, the interim application, in accordance with law

5
and shall make an endeavour to decide the same as expeditiously
as possible.
9. Accordingly, the instant petition is dismissed as withdrawn with
liberty as prayed for.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha