Neutral Citation No. - 2025:AHC-LKO:4625-DB Court No. - 2 Case :- WRIT - C No. - 210 of 2025 Petitioner :- Sunil Kumar Chopra Respondent :- Real Estate Regulatory Authority U.P. Lko. Thru. Chairman And 3 Others Counsel for Petitioner :- Uma Kant Mishra,Ashish Kumar Shukla Counsel for Respondent :- Shobhit Mohan Shukla,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. By means of this petition, the petitioner has sought a writ of Mandamus for releasing the amount of Rs. 10,20,365/- imposed upon the opposite party no. 4 as penalty under Section 63 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act, 2016’) on 27.05.2019. Today, our attention has been invited Shri Shobhit Mohan Shukla, learned Counsel to the provisions of Section 63 and 76 of the Act, 2016 to contend that such penalty is imposed under Section 63, and in view of the provisions contained in Section 76 (2), all sums realized, by way of penalties, imposed by the appellate Tribunal or the Authority, in a State, shall be credited to such account as the State Government may specify. He, therefore, submits that the penalty imposed, subject to any challenge by the opposite party no. 4, would be credited into the account as the State Government shall specify and there is no provision for payment of such penalty to the petitioner / complainant. On being confronted, learned Counsel for the petitioner submitted that there are various decisions wherein such penalties have been ordered to be paid to the petitioner / complainant. We have read the said order and do not find any mention of Section 76. Maybe, the provisions of Section 76 were not pointed out to the Court when the said order was passed on 24.03.2021 in Writ Petition No. 17350 (M/B) of 2020, as, there is no reference to Section 76 in the said order or maybe that Section 63 has incorrectly been mentioned therein. Be that as it may, as long as Section 76 of the Act, 2016 is there, there is no contrary provision placed before us which could entitle the petitioner to the penalty imposed. We cannot grant the relief prayed for. This order will not prejudice the petitioner in getting the original order of R.E.R.A. executed as per law. The writ petition is accordingly disposed of. Order Date :- 23.1.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench