# In the matter of Upendra Choudhury Vs. Bulandshahar Development Authority & Ors. Writ Petition (Civil) No 150 of 2021

> SC judgment dated 2021-02-11. Citation: TCN-2021-SC-00075. The case involves a writ petition filed under Article 32 of the Constitution by a home buyer,…

- **Court:** SC
- **Order date:** 11 Feb 2021
- **Citation:** TCN-2021-SC-00075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/upendra-choudhury-vs-bulandshahar-development-authority-ors-writ-petition-4b31f861

## Summary

### Background

The case involves a writ petition filed under Article 32 of the Constitution by a home buyer, Upendra Choudhury, seeking directions regarding a real estate project called "Sushant Megapolis" developed by the fifth, sixth, and seventh respondents. The petitioner sought cancellation of agreements, refund of money, or ensuring construction and handover of premises. The petitioner also requested the constitution of a committee headed by a former judge to monitor the projects.

## Facts

Upendra Choudhury, a home buyer, filed a writ petition under Article 32 of the Constitution concerning the "Sushant Megapolis" real estate project. The project was being developed by the fifth, sixth, and seventh respondents. The petitioner sought cancellation of agreements, refund of money, or completion of the project. The petitioner also requested the appointment of a committee headed by a former judge to oversee the project. The court noted that similar petitions had been filed previously and that statutory remedies were available under the Consumer Protection Act, RERA, and IBC. The court also considered a previous case, Shelly Lal v Union of India, where it declined to entertain a similar petition. The petitioner's counsel argued that another project of

…

## Issues and analysis

### Issue 1: Whether the Supreme Court should entertain a writ petition under Article 32 of the Constitution …

**Ratio:** The court should not entertain a writ petition under Article 32 when alternative

…

**Reasoning:** The court reasoned that Parliament has enacted statutory regimes, such as the Consumer

…

**Interpretation:** Article 32 provides a constitutional remedy for the enforcement of fundamental

…

**Application:** In this case, the petitioner sought directions regarding a real estate project.

…

## Parties

- **Judges:** Dr Dhananjaya Y…; M.R.…
- **Appellants:** Upendra Cho…
- **Respondents:** Bulandshahar…
- **Advocates:** Manoj V G…

## Timeline

- **2020-11-20 — Previous Pe…**: Notice was issued on a petition under Article 32 of the Constitution (Pawan Kumar…
- **2021-01-07 — Shelly Lal v Union of…**: A three-Judge Bench of this Court dealt with the maintainability of a petition under…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/upendra-choudhury-vs-bulandshahar-development-authority-ors-writ-petition-4b31f861