SAURAV KUMAR SHARMA Vs. STATE OF BIHAR
HIGH COURT OF PATNA
Saurav Kumar Sharma
STATE OF BIHAR
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Ahsanuddin Amanullah,J. -
(1.) The matter has been heard via video-conferencing.
(2.) Heard Ms. Shama Sinha, learned counsel for the petitioner; Mr. Raj Kishore Roy, learned Government Pleader 18 along with Ms. Prerana Anand, learned Assistant Counsel to Government Pleader 18 for the State/Respondent No. 1 and Mr. Vikash Kumar, learned counsel for the Bihar Real Estate Regulatory Authority (hereinafter referred to as 'RERA')/Respondent No. 2.
(3.) The petitioner has moved the Court for the following reliefs:
"(i) For quashing of the part of the second direction passed in operating part of the order dated 29.04.2021 (para 45) by Real Estate Regulatory Authority, Bihar (herein after authority) whereby it has decided the question of title of land (hotel in about 1 katha) of the petitioner over which the Petitioner's family had exclusive title and peaceful uninterrupted possession since the year 1970. The authority vide order dated 29.04.2021 has directed to demolish the Petitioner's hotel and to handover the possession to the developer/ builder inspite of the statement made by the builder/developer that the land belongs to the landowner and the developer cannot interfere with regard to the title of the said land. The Petitioner could not obtain certified copy of the impugned order as the authority is not functioning since 24.04.2021 and will not function till 16 May 2021 due to Covid-19 pandemic restrictions.
(ii) For protection from the demolition order dated 29.04.2021 passed by Real Estate Regulatory Authority, Bihar against the landowner during the period when neither the authority nor the appellate Tribunals are functioning and COVID-19 pandemic restrictions are enforced.
(iii) For any other relief(s), which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
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