Gauhati High Court
WP(C)/2956/2026 of RAJESH AGARWAL AND ANR Vs THE STATE OF ASSAM AND 5 ORS on 30 July 2026
GAHC010106912026 2026:GAU-AS:10616 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2956/2026 RAJESH AGARWAL AND ANR SON OF SHRI NAND KISHOR AGARWAL, RESIDENT OF PARAMOUNT GRAND, FLAT 6/6B, NEAR SARUSAJAI STADIUM, N.H. 27, LOKHRA, GUWAHATI -
GAHC010106912026
2026:GAU-AS:10616
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2956/2026
RAJESH AGARWAL AND ANR
SON OF SHRI NAND KISHOR AGARWAL, RESIDENT OF PARAMOUNT
GRAND, FLAT 6/6B, NEAR SARUSAJAI STADIUM, N.H. 27, LOKHRA, GUWAHATI - 781040, DISTRICT - KAMRUP M, ASSAM.
2: GAURAV AGARWAL
SON OF SHRI NAND KISHOR AGARWAL
RESIDENT OF PARAMOUNT GRAND
LOKHRA
GUWAHATI - 781040
DISTRICT - KAMRUP M
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOUSING AND
URBAN AFFAIRS DEPARTMENT, DISPUR, GUWAHATI - 781006, ASSAM
2:M/S MEGHMALLAR ESTATES AND SERVICES PVT. LTD.
A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT
HAVING ITS OFFICE SITUATED AT HOUSE NO. 39
DR. B. N. SAIKIA ROAD
BELTOLA
SURVEY
GUWAHATI - 781028
DISTRICT - KAMRUP METRO
ASSAM
REPRESENTED BY ITS DIRECTORS / PRINCIPAL OFFICER / COMPANY
SECRETARY/ AUTHORISED REPRESENTATIVE.
3:ANUP SAIKIA
SON OF LATE B. N. SAIKIA
MANAGING DIRECTOR OF M/S MEGHMALLAR ESTATES AND SERVICES
PVT. LTD.
RESIDENT OF HOUSE NO. 39
DR. B. N. SAIKIA ROAD
BELTOLA
SURVEY
GUWAHATI - 781028
DISTRICT - KAMRUP METRO
ASSAM.
4:PROTECH HOUSING
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT ROOM NO. 605
6TH FLOOR
PROTECH CENTRE
GANESHGURI
G.S. ROAD
GUWAHATI - 781005
DISTRICT - KAMRUP METRO
ASSAM
REPRESENTED BY ITS PARTNERS / PRINCIPAL OFFICER / AUTHORISED
REPRESENTATIVE.
5:SMT NIRMALA AGARWAL
WIFE OF SHRI NAND KISHOR AGARWAL
RESIDENT OF PARAMOUNT GRAND
LOKHRA
GUWAHATI- 781040
DISTRICT - KAMRUP METRO
ASSAM.
6:AARYAN CHILLED INFRA PVT. LTD.
A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT
HAVING ITS OFFICE PRESENTLY SITUATED AT S1
MEZZANINE FLOOR
C/O PARAMOUNT GRAND
LOKHRA
GUWAHATI - 781040
DISTRICT - KAMRUP M
Page No.# 3/5
ASSAM
REPRESENTED BY ITS DIRECTORS/ PRINCIPAL OFFICER/ COMPANY
SECRETARY/ AUHTORISED REPRESENTATIVE
Advocate for the petitioner(s): Mr. SC Keyal, Senior Advocate Ms. M Deka Advocate for the respondent(s): Mr. H Sarma, Addl. Sr. Govt. Advocate Mr. A Bhatra for respondent No.4
Ms. G Jain for respondent Nos.5 & 6
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
31.07.2026
Heard Mr. SC Keyal, the learned Senior Counsel assisted by Ms. M Deka, the learned counsel appearing on behalf of petitioners. I have also heard Mr. H Sarma, the learned Addl. Senior Govt. Advocate, who appears on behalf of respondent No.1, Mr. A Bhatra, the learned counsel, who appears on behalf of the respondent No.4 and Ms. G Jain, the learned counsel, who appears on behalf of respondent Nos.5 and 6.
2. It is seen from the Office Note dated 13.07.2026 that service upon the respondent Nos.2 and 3 have been duly effected. However, none appears on behalf of the said respondents.
3. The present writ petition has been filed being aggrieved by the delay in disposal of the complaint filed by the petitioners which has been registered as Complaint Case bearing No. RERA/ASSAM/COM/2023/18.
4. This Court duly takes note of Section 29(4) of the Real Estate (Regulation and Development) Act, 2016 which mandates that the questions which come up before the RERA shall be dealt with as expeditiously as possible and the authority shall dispose of the same within a period of 60(sixty) days from the date of the application.
5. It is also mentioned that in the circumstance, the authority is not in a position to dispose of the same within a period of 60(sixty) days, due reasons shall be recorded.
6. Taking into account the limited grievance of the petitioners to the effect that Authority is delaying the disposal of the complaint, it is the opinion of this Court that the instant writ petition can be disposed of thereby directing the Authority to dispose of the complaint in question as expeditiously as possible, more particularly, when the complaint was filed in the year 2023.
7. Accordingly, this Court, therefore, disposes of the instant writ petition thereby directing the Authority to dispose of the complaint being Complaint Case bearing No. RERA/ASSAM/COM/2023/18 as expeditiously as possible and preferably within a period of 60(sixty)
days from the date a certified copy of the instant order is served upon the Chairperson of the Authority.
JUDGE Comparing Assistant