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2025 DAILYLAW 111749 (ALL)

BISHNU KUMAR AGRAWAL (HUF) v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/42306/2024 · 2025-01-10

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5821-DB Court No. - 39 Case :- WRIT - C No. - 42306 of 2024 Petitioner :- Bishnu Kumar Agrawal (Huf) Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Arvind Nath Verma,Manish Dev Counsel for Respondent :- Anjali Upadhya,C.S.C.,Mahesh Sharma,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. There was an order of the U.P. Real Estate Appellate Tribunal at Lucknow, dated 31.05.2023 that whatever money was to be paid to the petitioner, was to be calculated as per the order of Real Estate Regulatory Authority. However, it was found after the recovery certificate was issued on 14.10.2023 that certain amounts which were already been paid by the Builder/ respondent no.4, had not been taken into account while calculating the actual amount, which was sought to be recovered. 2. Under such circumstances, an application for the modification of the recovery certificate issued in RERA Complaint No.11201825246 was filed on 12.02.2024 which was followed by another application dated 17.10.2024. The grievance of the petitioner is that both the applications had not been dealt with by the U.P. Real Estate Regulatory Authority. 3. Sri. Mohd. Afzal, learned counsel for the respondent- U.P. Real Estate Regulatory Authority submits that the said applications shall be decided within a period of two weeks from the date of presentation of a certified copy of this Court before the Authority. 4. Accordingly, we dispose of the writ petition with a direction to the respondent no.2/ U.P. Real Estate Regulatory Authority to consider and decide the said applications dated 12.02.2024 and 17.10.2024 of the petitioner, preferably within a period of two weeks from the date of presentation of a certified copy of this order. 5. This order was passed in the presence of Ms. Eshita Sand, Advocate holding brief of Ms. Anjali Upadhya, learned counsel for the respondent no.5- Greater Noida Industrial Development Authority and Sri Anurag, Advocate holding brief of Sri Mahesh Sharma, learned counsel for the respondent no.4/ Builder. 6. Since the respondent- Builder is present through his counsel he may appear before the U.P. Real Estate Regulatory Authority also. Order Date :- 10.1.2025 Radhika (Dr. Y. K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad