Mrs. Savita Singh Thru. His Power ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4164 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 3098 of 2022
 

 
Petitioner :- Mrs. Savita Singh Thru. His Power Of Allorney Holder/ Husband Mrityunjay Kymar Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning , Civil Secrt. Lko. And Ors
 
Counsel for Petitioner :- Mandeep Singh,Adarsh Pratap Singh,Mohit Gupta
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner, learned State counsel and Sri Shobhit Mohan Shukla, learned counsel for Real Estate Regulatory Authority.

By means of this petition, prayer has been made to issue appropriate direction to the District Magistrate concerned for executing the recovery certificate dated 20.04.2021 issued by the Secretary, Real Estate Regulatory Authority for realizing the amount in terms of the judgment and order dated 06.11.2020 passed by the Real Estate Regulatory Authority. Further prayer is to issue a direction to respondent No.2 to complete the proceeding against respondent No.5 in terms of Section 63 of Real Estate (Regulation & Development) Act, 2016.

In paragraph-7 of the writ petition, it has been stated by learned counsel for the petitioner that no appeal against the order dated 06.11.2020 has been preferred.

Accordingly, having regard to the aforesaid facts, this petition is finally disposed of with a direction to District Magistrate concerned to execute the recovery certificate dated 20.04.2021 and recover the amount thereof expeditiously as far as possible within a period of four months from the date a certified copy of this order is produced before him, if there is no legal impediment.

Respondent No.2 is also directed to proceed with the application said to have been preferred by the petitioner under Section 63 of Real Estate (Regulation & Development Act, 2016 and decide the same as expeditiously as possible after due notice etc. to respondent No.5.

Order Date :- 25.5.2022

Jaswant