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2025 DAILYLAW 101827 (ALL)

M/S GANPATI INFRASTRUCTURE DEVELOPMENT COMPANY LIMITED v. STATE OF U.P. AND 3 OTHERS

WRIC/34918/2025 · 2025-10-06

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34918 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Santosh Yadav learned counsel for the petitioner, learned Standing Counsel for the State and Mohd. Afzal learned counsel for the respondent No. 2. 2. Challenge has been raised to the merit order dated 18.11.2024 passed by Real Estate Regulatory Authority, Lucknow in Complaint No. LKO118/02/105014/2023 and the Recovery Certificate dated 04.06.2025. 3. At the outset preliminary objection has been raised that the order impugned is appealable. 4. The objection raised is well founded. 5. In face of statutory remedy of appeal available to the petitioner, interference claimed under Article 226 of the Constitution of India is declined as no jurisdictional issue exists. All grounds raised including as to lack of opportunity of hearing may remain available to the petitioner in the appeal proceedings. Accordingly, writ petition is dismissed leaving it open to the petitioner to avail statutory remedy. October 7, 2025 Faraz Versus Counsel for Petitioner(s) : Santosh Yadav Counsel for Respondent(s) : C.S.C., Mohd. Afzal (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) M/S Ganpati Infrastructure Development Company Limited .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad