Writ Petition Withdrawn With Liberty to Appeal Before the Functioning RERA Appellate Authority.

The petitioner challenged a Chhattisgarh Real Estate Regulatory Authority (RERA) order dated 18 June 2026, which, among other things, required her to pay maintenance charges and GST. She also sought directions concerning possession, common areas, and alleged statutory non-compliance.

Although she acknowledged an alternative remedy before the RERA Appellate Authority, she initially approached the High Court on the basis that the Appellate Authority was not functioning properly.

RERA, the Municipal Corporation, and the State submitted that the Appellate Authority was functioning and hearing appeals and interim applications.

The petitioner then sought leave to withdraw the petition and pursue an appeal with an interim application.

1. Whether the petitioner should pursue the available appellate remedy before the RERA Appellate Authority, which the respondents submitted was functioning.

2. Whether the petition should be permitted to be withdrawn with liberty to appeal and seek interim relief before that Authority.

The Court did not decide the substantive RERA issues or determine the legality of the Authority’s order.

Procedurally, it permitted the petitioner to withdraw the writ petition with liberty to pursue the available appeal and directed that the Appellate Authority consider the appeal, particularly the interim application, in accordance with law and endeavour to decide it expeditiously.

No statutory provision or precedent was relied upon in resolving the petition.

The respondents’ submissions that the Appellate Authority was functioning and hearing stay applications addressed the petitioner’s stated reason for bypassing that forum.

The petitioner consequently sought leave to pursue the appellate remedy instead.

The High Court did not examine the merits of the challenged RERA order; it allowed withdrawal and left the appeal and interim application for the Appellate Authority to consider in accordance with law.

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.