A writ challenging a RERA order may be withdrawn to pursue an appeal before the functioning Appellate Authority.

The petitioner challenged a Chhattisgarh RERA order dated 2 July 2026, seeking, among other reliefs, to set aside directions concerning maintenance charges and GST and to obtain orders regarding possession and common areas.

She initially approached the High Court on the ground that the RERA Appellate Authority was not functioning properly, despite the availability of an appellate remedy.

The respondents submitted that the Appellate Authority was functioning and hearing appeals and interim applications.

The petitioner then sought permission to withdraw the petition with liberty to appeal.

Whether the petitioner should pursue the available appellate remedy before the RERA Appellate Authority rather than continue the writ petition.

Whether the petition could be withdrawn with liberty to file an appeal accompanied by an interim application.

The Court applied the procedural principle that where an appellate remedy is available and functioning, a party may pursue that remedy; it permitted withdrawal with liberty to appeal.

The Court did not interpret or decide the substantive provisions of the RERA Act invoked in the petitioner’s prayers.

The petitioner’s stated reason for invoking the High Court’s jurisdiction was that the Appellate Authority was not functioning properly. The respondents disputed that premise, stating that the Authority was entertaining matters and interim applications.

The petitioner consequently chose to withdraw the petition and pursue the appellate remedy. The Court allowed that course and left consideration of the appeal and interim application to the Appellate Authority, without examining the merits of the RERA order or the petitioner’s substantive claims.

The Authority was requested to consider the appeal, particularly the interim application, in accordance with law and endeavour to decide it as expeditiously as possible.