Chhattisgarh High Court
Administrative and Public LawCivil Procedure and Evidence

RERA Appellate Authority directed to consider any appeal and interim application expeditiously.

PRAKASH KUMAR PARPANI vs M/s AADHARSHILA DEVELOPERS PVT LTD.

Chhattisgarh High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
RERA Appellate Authority directed to consider any appeal and interim application expeditiously.. PRAKASH KUMAR PARPANI vs M/s AADHARSHILA DEVELOPERS PVT LTD.. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged a Chhattisgarh Real Estate Regulatory Authority (RERA) order dated 18 June 2026, which he said improperly required him to pay maintenance charges and GST before issuance of an Occupancy/Completion Certificate.

Source reference: para. 1

He also sought directions concerning possession, common areas, and proceedings under the Real Estate (Regulation and Development) Act, 2016.

Source reference: para. 1

The petitioner stated that he had approached the High Court because he believed the RERA Appellate Authority was not functioning properly. The respondents submitted that the Appellate Authority was functioning and hearing appeals and interim applications.

Source reference: paras. 2–5

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

Source reference: para. 6
02

Issues

1. Whether the writ petition should proceed when the respondents stated that the RERA Appellate Authority was functioning and entertaining appeals and interim applications.

Source reference: paras. 2–5

2. Whether the petitioner could withdraw the petition with liberty to file an appeal before the RERA Appellate Authority, including an interim application.

Source reference: paras. 6–8
03

Law Applied

The Court proceeded on the basis that the petitioner could pursue the statutory appellate remedy before the RERA Appellate Authority, which the respondents represented was functioning and entertaining appeals and interim applications.

Source reference: paras. 3–5

The petitioner’s substantive reliance on Sections 11(4)(b), 17, 18(3), 19(10), 63 and 71 of the RERA Act appeared in the reliefs sought, but the Court did not interpret or decide those provisions.

Source reference: para. 1

No substantive ruling on the merits or on the legal effect of the alternative remedy was made.

Source reference: no citation
04

Reasoning

In light of the respondents’ submissions that the Appellate Authority was operational, the petitioner elected to withdraw the writ petition and pursue an appeal with an appropriate interim application.

Source reference: paras. 3–6

The Court accepted that course and directed the Appellate Authority, if approached, to consider the appeal and particularly the interim application in accordance with law, endeavouring to decide them expeditiously.

Source reference: para. 7

The Court therefore did not examine the legality of the RERA order or the petitioner’s substantive claims.

Source reference: no citation
05

Holding

The writ petition was dismissed as withdrawn, with liberty to the petitioner to file an appeal before the concerned RERA Appellate Authority.

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

Source reference: para. 7

No opinion was expressed on the merits of the petitioner’s claims.

Source reference: no citation
06

Acts & Sections Cited

6 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Real Estate (Regulation and Development) Act, 2016.6

Chhattisgarh High Court

Original Court PDF

PRAKASH KUMAR PARPANIvsM/s AADHARSHILA DEVELOPERS PVT LTD.

Chhattisgarh High Court · October 08, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment