M/S. BHAGWATI SIGNATURE v. STATE OF U.P. AND 5 OTHERS
WRIC/34842/2025 · 2025-10-06
Indrajeet Shukla, Saumitra Dayal Singh
body2025
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[ 2025 DAILYLAW 103020 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 103020 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34842 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Appearance filed on behalf of respondent No. 6 is taken on record.
2. Heard Sri Ashutosh Kumar Tripathi learned counsel for the petitioner, Mohd. Afzal learned counsel for respondent No. 3, Sri Tanay Hazari (through video conferencing) alongwith Sri Shivang for respondent No. 6 and the learned Standing Counsel for the State respondents.
3. Present petition has been filed by the builder M/s Bhagwati Signature for the following relief:
"Issue a writ order or direction in the nature of certiorari quashing the orders dated 09.06.2023 and 22.02.2025 in regard to which the recovery certificates dated 27.05.2025 and 23.06.2025 has been issued against the petitioner."
4. At the outset, learned counsel for the petitioner offered settlement through mediation on both terms i.e. allotment of unit or payment of interest. That offer was put to Sri Tanay Hazari learned counsel for respondent No. 6. He states that he has instructions that respondent No. 6 is not willing for settlement through mediation.
5. In view of the above statement made by learned counsel for respondent No. 6, there is no hope of successful mediation.
6. On merits of the matter, recovery has been issued pursuant to order Versus Counsel for Petitioner(s) : Ashutosh Kumar Tripathi, Vijaya Nand Maurya Counsel for Respondent(s) : C.S.C., Mohd. Afzal M/S. Bhagwati Signature .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
passed by Real Estate Regulatory Authority. That order is appealable.
7. In face of statutory remedy of appeal available to the petitioner, interference claimed under Article 226 of the Constitution of India is declined. The writ petition is dismissed. October 7, 2025 Faraz WRIC No. 34842 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad