Gauhati High Court
WP(C)/4826/2026 of SHRI SUSHIL KUMAR GARG AND ANR Vs THE STATE OF ASSAM AND 4 ORS on 9 September 2026
GAHC010190382026 2026:GAU-AS:13193 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4826/2026 SHRI SUSHIL KUMAR GARG AND ANR SON OF SHRI JAI SANKER AGARWAL, RESIDENT OF H/NO.9, N.H. 37, BEHIND ASSAM KANTA, KHANAPARA, KAMRUP, ASSAM-781022. 2:
GAHC010190382026
2026:GAU-AS:13193
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4826/2026
SHRI SUSHIL KUMAR GARG AND ANR
SON OF SHRI JAI SANKER AGARWAL, RESIDENT OF H/NO.9, N.H. 37, BEHIND ASSAM KANTA, KHANAPARA, KAMRUP, ASSAM-781022.
2: SMT. DIMPLE GARG
WIFE OF SHRI SUSHIL KUMAR GARG
RESIDENT OF H/NO. 37
BEHIND ASSAM KANTA
KHANAPARA
KAMRUP
ASSAM-781022
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN
AFFAIRS, BLOCK-D, JANATA BHAWAN, DISPUR, GUWAHATI-781006, ASSAM
2:THE ASSAM REAL ESTATE APPELLATE TRIBUNAL
REPRESENTED BY ITS REGISTRAR
3RD FLOOR
LIFT NO. 3
ADITYA TOWER
RUKMINI GAON
G.S. ROAD
GUWAHATI-781036
ASSAM.
3:THE REAL ESTATE REGULATORY AUTHORITY
ASSAM
REPRESENTED BY ITS SECRETARY/REGISTRAR
KHANAPARA
GUWAHATI-781022
DISTRICT KAMRUP (M)
ASSAM
4:M/S BUILDWORTH REAL ESTATE
A PARTNERSHIP FIRM HAVING ITS OFFICE AT HOUSE NO. 367
SURVEY
BELTOLA ROAD
DISPUR LAST GATE
GUWAHATI-781006
ASSAM
REPRESENTED BY ITS PARTNER
SHRI RISHABH LODHA.
5:SHRI RISHABH LODHA
SON OF SHRI NARENDRA LODHA
PARTNER OF M/S BUILDWORTH REAL ESTATE
HAVING OFFICE AT HOUSE NO. 367
SURVEY
BELTOLA ROAD
DISPUR LAST GATE
GUWAHATI-781006
DISTRICT KAMRUP (M)
ASSA
Advocate for the Petitioner : DR. ASHOK SARAF, B SARMA,MR. A. KAUSHIK,MR P K
BORA,MR. N N DUTTA,MR P BARUAH
Advocate for the Respondent : GA, ASSAM, MR. D SARAF (r-4,5)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
10.09.2026 Heard Mr. P. Baruah, learned counsel for the petitioner. Also heard Ms. P. Sarma, learned counsel appearing on behalf of Mr. D. Daraf, learned counsel for respondent Nos. 4 & 5, and Mr. M. Chetia, learned Govt. Advocate for respondent Nos. 1, 2 & 3. The learned counsel for the petitioner has submitted that an application has been filed in accordance with law before the RERA. He prays that, therefore, the present writ petition may not require adjudication in its present form. He, however, submits that the petitioner may be granted some protection in the matter till the application is heard by the appropriate authority, and the consideration of the grant of interim protection during the pendency of the application before the RERA is taken. The writ petition is accordingly closed. The interim order for maintaining status quo with regard to the cancellation of the allotment of the flat shall be maintained till the application filed by the petitioner is heard by the RERA and interim orders are considered. Writ petition is accordingly disposed of. JUDGE Comparing Assistant