IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13950 of 2025 ==========================================================

PITHADIA DEVELOPERS L.L.P. PARTNERSHIP FIRM THROUGH ITS PARTNER YOGESHBHAI PRABHULAL KASUNDRA Versus GUJARAT REAL ESTATE REGULATORY AUTHORITY (RERA) & ORS.

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Appearance:

MR DIGANT B KAKKAD(6523) for the Petitioner(s) No. 1 MR JENISH D RUPARELIYA(10660) for the Petitioner(s) No. 1 MR DM DEVNANI(5880) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 20/02/2026

ORAL ORDER

1. By the present writ petition, the petitioner is seeking a direction to quash and set aside the impugned order dated 13.05.2025 below Exh. 66 passed by the Adjudicating Officer, GUJRERA, Gandhinagar in Execution Petition No. 45 of 2021 in Complaint No. CMP/ Ahmedabad/ 200529/00133, CMP/ Ahmedabad/200713/000160 and CMP/ Ahmedabad / 200713 /

000163.

2. Learned advocate for the petitioner submits that the petitioner moved an application for return of the security deposit of Rs. 5 lakhs which was deposited in compliance of the order dated 31.12.2022 passed by the Adjudicating Officer, RERA, Gandhinagar, which came to be confirmed by this Court in Special Civil Application No. 4890 of 2023 vide its interim order dated 21.03.2023. He further submits that thereafter the petitioner had preferred an appeal before the Appellate Tribunal, which came to be withdrawn in view of the settlement as arrived at between the parties. Thereafter, the petitioner has filed an application for withdrawal of the security deposit so deposited by the petitioner before the Adjudicating Officer in the Execution Application.

2.1 Learned advocate for the petitioner further submits that by the order dated 13.05.2025, the Adjudicating Officer has wrongly rejected the same stating that the Adjudicating Officer does not have any power to pass any order in that regard. He therefore, submits that appropriate order be passed and the petitioner be refunded the security deposit so deposited before the Adjudicating Authority.

3. Learned advocate Mr. D.M. Devnani appearing for the respondents submits that pursuant to the order dated 31.12.2022 passed by the Adjudicating Officer, RERA, Gandhinagar, the petitioner had preferred a writ petition before this Court being Special Civil Application No. 4890 of 2023, wherein by the interim order dated 21.03.2023, this Court had directed the petitioner herein to comply with the order dated 31.12.2022 in respect of depositing of Rs. 5 lakhs as security deposit subject to which the order dated 31.12.2022 was stayed. The said order was complied with.

Thereafter, the petitioner had preferred an appeal and upon withdrawal of the appeal in view of the settlement between the parties, the Execution Petition has also been withdrawn. He submits that since the direction to deposit the security deposit was confirmed by this Court, the Adjudicating Officer did not have any power to pass any such order of refund. He submits that the impugned order is just and proper.

4. Considered the submissions, perused the averments and documents on record.

5. In the Execution proceedings, the order below Exh. 1 in the Execution Petition No. 45 of 2021, the Adjudicating Officer had issued arrest warrant against the petitioner herein for disobedience of the specific directions given in the common judgment dated 08.01.2021 by the RERA Authority. However the said arrest warrants were kept in abeyance subject to deposit of an amount of Rs. 5 lakhs as security deposit before the RERA Authority within a period of seven days for due compliance of the earlier directions. The said order dated 31.12.2022 came to be challenged before this Court in Special Civil Application No. 4890 of 2023, wherein the order dated 31.12.2022 came to be stayed subject to depositing the amount of Rs. 5 lakhs as security deposit before t