Smt. Janak Guglani vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 14150 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 7062 of 2022
 

 
Petitioner :- Smt. Janak Guglani
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Rohit Jaiswal,Mandeep Singh,Mohit Gupta
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner, learned State counsel and Sri Praveen Kumar Tripathi, holding brief of 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 12.12.2018 issued by the Secretary, Real Estate Regulatory Authority for realizing the amount in terms of the judgment and order dated 28.03.2018 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 28.03.2018 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 12.12.2018 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.

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 :- 30.9.2022

Sanjay