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2025 DAILYLAW 148022 (ALL)

TULSIANI CONSTRUCTIONS AND DEVELOPERS PRIVATE LTD. THRU. SRI JAGDISH PRASAD SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 18 OTHERS

WRIC/6154/2025 · 2025-07-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37109-DB Court No. - 2 Case :- WRIT - C No. - 6154 of 2025 Petitioner :- Tulsiani Constructions And Developers Private Ltd. Thru. Sri Jagdish Prasad Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 18 Others Counsel for Petitioner :- Ravi Shanker Tewari,Rakesh Kumar Verma,Saurabh Misra,Vikas Kumar Verma,Vishwakant Srivastava Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner has filed this writ petition seeking the following reliefs:- "i) Issue a writ, order or direction in the nature of mandamus commanding the Opp. Party No.2 to record its satisfaction to the various recovery citation, earlier issued by it and completely satisfying by way o deed of settlement duly placed upon it web portal and filed even physically. ii) Issue a writ, order or direction in the nature of mandamus commanding the Opp. Party No.3 to immediately reopen the locks of the office of the petitioner and return back the recovery citations to the Opp. Party No.2 for any further action. iii) Issue any other appropriate, order or direction which this Hon'ble Court may deem just and necessary in the circumstances of the case may also be pleased. iv) Allow the petition with cost." 3. In paragraph No.2, the petitioner has given details of the settlements arrived at between the petitioner and the complainants in as many as 11 cases. It is stated that the details of the settlement have been uploaded on the web portal of the U.P.R.E.R.A, thereafter, action is to be taken in terms of paragraph No.7.8 of the S.O.P. prepared by the U.P R.E.R.A., however, in spite of the settlement arrived at after the judgment by U.P.R.E.R.A., the recovery certificates issued by it against the petitioner have not been withdrawn. Counsel for the U.P.R.E.R.A. says that in one of the cases i.e. in respect of complainant, namely Shri Virendra Kumar Bansal and Smt. Bina Bansal etc., the complainant have denied the settlement, however, he does not have any instructions as to the other complainants. U.P.R.E.R.A. would be better advised to take cognizance of the matter and do the needful in terms of the S.O.P. prepared by it expeditiously say within a period of three weeks. 4. Shri Arun Kumar Pandey, Advocate holding brief of Shri Shobhit Mohan Shukla, learned Counsel for the U.P.R.E.R.A shall communicate a certified copy of our order to the Chairman, U.P.R.E.R.A. and the concerned authority, who is seized with the proceedings as a consequence of issuance of recovery certificate, for compliance. We have not adjudicated the claim of the petitioner and that is why we have not issued notice to the private opposite parties. 5. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench