Surendra Bahadur Singh vs State Of U.P. Thru. Addl. Chief ...
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Allahabad High Court

Surendra Bahadur Singh vs State Of U.P. Thru. Addl. Chief ... on 31 May, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41888-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 4862 of 2024
 

 
Petitioner :- Surendra Bahadur Singh
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning And 3 Others
 
Counsel for Petitioner :- Amit Yadav,Bal Kishor Verma,Suryansh Narula
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Brij Raj Singh,J.

(1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears on behalf of the opposite party nos.1 and 2 Shri Shobhit Mohan Shukla, learned counsel for the Respondent no.3 R.E.R.A.

(2) For the order proposed to be passed, issuance of notice to the Respondent no.4 is dispensed with.

(3) This petition has been filed by the petitioner for the main prayers:-

"i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent no.2 to completely execute the Recovery Certificate dated 09.09.2020 issued by the Secretary, Learned Authority contained as Annexure No.1 to the instant writ petition within such reasonable time frame as this Hon'ble Court deem just and proper.

ii) Issue any other suitable order or direction which this Hon'ble Court may deem just, fit and proper in the circumstances of the case."

(4) It is the case of the petitioner that the petitioner wanted to purchase a plot namely Plot / Unit No. 4004-OT-01/0009, from the Respondent no.4- Ansal Properties and Infrastructure Ltd. for which he has paid the entire amount of Rs.27,32,024.67. When the Respondent no.4 failed to give possession of the plot to the petitioner he made a complaint to the Authority concerned on 16.10.2018 under Section 31 of The Real Estate (Regulation and Development) Act, 2016, which is registered as Complaint No.10201821659 [S.B. Singh Vs. M/s Ansal Properties and Infrastructure Ltd.]. Learned Authority concerned passed a judgment and order dated 09.04.2019. Thereafter a sum of Rs.6,62,272/- has been received by the petitioner but remaining amount of Rs.20,69,752.67 has not been paid as yet.

(5) This writ petition is finally disposed of with a direction to the Opposite party no.2- District Magistrate, Lucknow, to take necessary steps for compliance of the Recovery Certificate dated 09.09.2020 with regard to the remaining amount of the petitioner, within a period of three months from the date a certified copy of this order is produced before him, if there is no other legal impediment.

Order Date :- 31.5.2024

N.PAL