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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20191 of 2025

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Sanjay Kumar Singh and Ors.

... ... Petitioner/s

Versus

The State of Bihar and Ors.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Dhananjai Kumar Singh, Advocate.

For the Respondent/s : Mr. Government Pleader (05).

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

2 29-01-2026 Mr. Amar Anand, Advocate on Record appearing on

behalf of the Respondent No. 5 seeks time for filing counter-

affidavit.

2. Learned counsel for the petitioners is directed to

take steps for issuance of notice upon Respondent No. 6 on the

present and correct address under ordinary process as well as

under registered cover/speed post with A/D for which requisites

etc. must be filed within two weeks from today.

3. Learned counsel appearing on behalf of the

petitioners submits that the petitioners were not impleaded as

party respondent in the RERA case filed by the Respondent No.

5 herein and has drawn the attention of this Court to the docket

order dated 01.08.2023 passed in RERA/CC/1528/2020

RERA/AO/501/2020 whereby the Hon’ble Chairman of the

RERA has held as under:-

Patna High Court CWJC No.20191 of 2025(2) dt.29-01-2026

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“The landowner need not

appear unless he has been impleaded as

a party.”

4. Thereafter, the final order has been passed on

05.12.2023 and the authority has impleaded the landowner as a

party respondent in the said RERA case and pass some

directions. Learned counsel submits that the authority has

impleaded the petitioners as party respondents and without

issuing any notice or giving an opportunity of hearing has

passed the final orders on 05.12.2023 in the above mentioned

RERA Case. Learned counsel submits that aggrieved by the

order dated 05.12.2023, the petitioners have preferred a REAT

Appeal which has been numbered as REAT Appeal No. 02 of

2024, however, due to the lack of coram, the matter is not been

taken up and, therefore, the petitioners could not obtain the

interim suspension of the order passed by the RERA. Learned

counsel submits that while matters stood thus the Respondent

No. 5 herein has filed an execution petition bearing Execution

Case No. 80 of 2024 before the RERA and the Special Presiding

Officer, RERA has passed the impugned order on 27.05.2025

without putting the petitioners on notice. Learned counsel

submits that as per the said order, the petitioners are obligated to

pay a fine of Rs. 5,000/- each per day in terms of Section 63 of

the RERA Act and further, a direction has been given to recover

Patna High Court CWJC No.20191 of 2025(2) dt.29-01-2026

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the said amount by issuing Recovery Certificate under Section

40 (1) of RERA Act, 2016 Read with Rule 25 of Bihar RERA

Rules 2017 and Sections 4/5 of the Bihar and Orissa Public

Demand Recovery Act. Learned counsel submits that due to the

lack of coram in the appellate authority, the petitioner did not

obtain any interim orders and, therefore, has filed the present

writ petition.

5. Having regard to the above, there shall be interim

suspension of the impugned order dated 25.03.2025 and the

order dated 10.10.2025 till the next date of hearing.

6. Post the matter on 30.03.2026.

(A. Abhishek Reddy, J)

shakir/-

U