Interim relief granted under statutory provisions cannot continue after withdrawal of a writ petition when misrepresentations regarding appeal status are made.

ORDER :

SUNITA AGARWAL, CJ.

1. Having heard the learned Senior counsels appearing for the parties and perused the record, we may note that these intra court appeals are directed against the judgment and order dated 25.07.2025 whereby the learned Single Judge while dismissing the Misc. Civil Application No. 2 of 2024 filed by the appellants herein for withdrawal and disbursement of the amount deposited under the interim order dated 07.10.2022 in Special Civil Application No. 20527 of 2022, has allowed the Misc. Civil Application No. 3 of 2024 filed by the respondent no.4 herein for vacating the interim relief.

2. Two Misc Civil Application No. 2 of 2024 and Misc. Civil Application No. 3 of 2024 have been decided by the common order (impugned) in Special Civil Application No. 20527 of 2022, out of which the present set of appeals have arisen. Pertinent is to note that the Special Civil Application No. 20527 of 2022 was presented on 05.10.2022 with the reliefs as under :-

"A. This Hon'ble Court may be pleased to admit and allow this petition.

B. This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction or writ in the nature of certiorari, quashing and setting aside impugned order dated 04.10.2022 at Annexure 1.

C. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct by way of an ad-interim relief to stay the execution, implementation, and operation of the order dated 04.10.2022 (Annexure 1) by the Respondent(s).

D. Alternatively, pending admission, hearing and final disposal of this petition, and allowance of the ad-interim relief at 'C' to stay the execution, implementation and/or operation of the impugned order dated 04.10.2022 by the Respondent No. 1 as the most urgent ad-interim relief, the status quo shall be maintained, by suspending the operation, implementation and execution of the Annexure No. 1, and all further proceedings shall be suspended including non-coercive actions against the present petitioner(s).

E. This Hon'ble Court may be pleased to grant any other and further reliefs, as the nature and circumstances of the present case may require."

3. It is further pertinent to note that the order dated 04.10.2022, which was subject matter of challenge before the writ court was passed by Real Estate Regulatory Authority (RERA), namely the 'Adjudicating Officer' in the execution proceedings, viz. Execution Petition No.25/2020. The specific statement of the petitioners in the writ petition was that RERA appellate tribunal was not in existence and since the tribunal had not been constituted, the writ court had jurisdiction to admit and entertain the writ petition under Article 226 of the Constitution of India.

4. It seems that on the presentation of the writ petition, an interim order dated 07.10.2022 has been passed in the following manner :-

"1. Heard learned Senior Advocate Mr. Jal Unwalla appearing with learned advocate Ms. J. N. Dekavadiya for the petitioner, learned advocate Mr. M. V. Dhotare appearing for the respondent no. 3 and learned Senior Advocate Mr. Percy Kavina appearing with learned advocate Mr. Vishal J. Dave for the respondent no. 4.

2. Learned advocate Mr. Vishal J. Dave is appearing on behalf of the respondent no. 4 on Caveat whereas learned advocate Mr. Dhotare is appearing for the respondent no. 3 as his petition in respect of the very order which is impugned in this petition and listed today at Serial No. 3 being Special