Nagpur – In a significant development, the Nagpur Bench of the Bombay High Court has granted interim relief to M/s Kalash Builders and Developers by staying the auction of their immovable property scheduled for May 26, 2025, at 3 PM, on the condition that they deposit ₹15 lakh with the Tehsildar.
The auction was initiated due to the builder’s failure to deposit ₹1.08 crore as directed by the Maharashtra Real Estate Regulatory Authority (RERA), Mumbai. A notice regarding the auction was issued by the Tehsildar on May 15, 2025.
Gold Rate
26 May 2025
Challenging this notice and seeking a stay on the auction, Kalash Builders filed a petition before the High Court. After hearing the matter, Justice Praveen Patil ordered interim relief and instructed the builder to deposit ₹15 lakh as a precondition.
Notices Issued To:
Principal Secretary, Revenue & Forest Department
District Collector
Tehsildar
Secretary, Maharashtra RERA
Priyesh Vijayvargiya, Ashok Vijayvargiya, and Rekha Vijayvargiya
⚖️ Petitioner’s Argument
The petitioner claimed that the Tehsildar’s notice violated Section 194(2) of the Maharashtra Land Revenue Code, 1966, which mandates that no sale of immovable property can take place within 30 days from the issuance of such notice.
Key points:
The notice was dated May 15, 2025
Office outward register entry shows May 19, 2025
Notice was received by the petitioner on May 21, 2025
Auction scheduled for May 26, 2025
Thus, the 30-day mandatory waiting period was not observed, the petition argued.
Court’s Observation
The High Court noted that the disputed notice was based on RERA’s earlier orders dated May 21, 2019, June 23, 2022, and March 8, 2022, which directed Kalash Builders to deposit ₹1,08,36,843 into the account of Priyesh Vijayvargiya.
The petitioner informed the court that they had already deposited ₹10,65,186 with the Tehsildar on March 26, 2025, and were willing to comply with the remaining payment as per RERA’s directives.
Taking this into account, the court:
Granted interim stay on the auction
Ordered notices to all respondents
Directed the petitioner to submit records and evidence in support of their claims
The court also warned that failure to comply with the orders may result in automatic cancellation of interim relief without further notice.
