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2025 DAILYLAW 125663 (ALL)

M.K.S. INFRATECH PVT. LTD. THRU. AUTHORIZED SIGNATORY KAMLESH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND 4 OTHERS

WRIC/1971/2025 · 2025-03-05

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13326-DB Court No. - 2 Case :- WRIT - C No. - 1971 of 2025 Petitioner :- M.K.S. Infratech Pvt. Ltd. Thru. Authorized Signatory Kamlesh Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 4 Others Counsel for Petitioner :- Tushar Manjhwar,Sant Prasad Singh Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The adjudication order dated 01.11.2023 passed by the Real Estate Regulatory Authority has not been challenged in appeal. It has been challenged first time before this Court under Article 226 of the Constitution of India. The consequential actions of recovery/issuance of recovery certificate dated 14.10.2024 has also been challenged apart from other reliefs. We see no reason to entertain this Writ Petition as no appeal has been filed against the order dated 01.11.2023 and a Writ Petition directly against such an order would not be maintainable without exhausting the statutory remedy. It being so, the consequential actions can also not be challenged in this proceeding. The Writ Petition stands dismissed with liberty, if otherwise permissible in law, to avail other remedy. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 5.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench