WPMS/2348/2021
2021 Latest Caselaw 4526 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
           ON THE 11TH DAY OF NOVEMBER, 2021
                                 BEFORE:
       HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 2348 of 2021

 BETWEEN:
         Vinay Mehtani.                                    .....Petitioner
         (By Ms. Prabha Naithai, Advocate)


 AND:
         Secretary Uttarakhand Real Estate
         Regulatory Authority & others.               ....Respondents
         (By Mr. Rahul Consul, Advocate for respondent no. 1 and    Mr. M.C.
         Tewari, Deputy Advocate General with Mr. G.S. Negi, Addl. C.S.C. for
         the State/respondent no. 2)



                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner booked a studio apartment, however, petitioner was not handed over the apartment in time. He approached Uttarakhand Real Estate Regulatory Authority (RERA) and RERA has issued a recovery certificate on 01.02.2021 against respondent no. 3.

3. According to the petitioner, District Magistrate, Haridwar is not executing the order passed by Uttarakhand Real Estate Regulatory Authority and petitioner has repeatedly requested the District Magistrate to expedite the matter, but, no progress has been made. Feeling aggrieved, petitioner has approached this Court.

4. Having regard to the fact that petitioner's representations are still pending with the District Magistrate, the Writ Petition is disposed of with a direction to District Magistrate, Haridwar to consider petitioner's representation (Annexure-7 to the writ petition) and take appropriate decision, in accordance with law, as early as possible, but, not later than eight weeks from the date of production of certified copy of this order along with copy of the representation.

5. It goes without saying that before taking any decision, reasonable opportunity of hearing shall be given to respondent no. 3.

(MANOJ KUMAR TIWARI, J.) Navin