Challenges to RERA orders should be pursued before the functioning RERA Appellate Authority.

The petitioner challenged a RERA order dated 18 June 2026, which he said wrongly required him to pay maintenance charges and GST before the occupancy/completion certificate was issued. He also sought directions concerning possession and transfer of common areas, penal proceedings, and compensation

Although the petitioner initially approached the High Court on the basis that the RERA Appellate Authority was not functioning properly, respondents submitted that it was hearing appeals and interim applications

The petitioner then sought permission to withdraw the petition and appeal to the Appellate Authority

1. Whether the petitioner should pursue an appeal before the RERA Appellate Authority, which respondents submitted was functioning and hearing matters.

2. Whether the petitioner should be permitted to withdraw the writ petition with liberty to file an appeal and an interim application before that Authority.

The Court did not determine the substantive rights or obligations arising under the Real Estate (Regulation and Development) Act, 2016. Although the petitioner’s requested reliefs invoked Sections 11(4)(b), 19(10), 17(1)–(2), 63, 71 and 18(3) of the Act, the Court did not interpret or apply those provisions on their merits

It permitted the petitioner to pursue the appeal remedy and directed the Appellate Authority to consider the appeal, particularly the interim application, in accordance with law

Respondents stated that the RERA Appellate Authority was functioning and entertaining appeals and stay applications

In light of those submissions, the petitioner chose to withdraw the writ petition and seek recourse before that Authority

The Court accepted that course without deciding the merits of the challenge to the RERA order or the petitioner’s statutory claims, and left their consideration to the Appellate Authority

It directed the Authority to consider the appeal, particularly the interim application, in accordance with law and endeavour to decide it expeditiously.