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2025 DAILYLAW 150079 (ALL)

DINESH KOCHHAR v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND 4 OTHERS

WRIC/6445/2025 · 2025-07-14

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40087-DB Court No. - 1 Case :- WRIT - C No. - 6445 of 2025 Petitioner :- Dinesh Kochhar Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 4 Others Counsel for Petitioner :- Shivendra Rao Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for petitioner and learned Standing Counsel for the State-respondents. Sri Shobhit Mohan Shukla, learned counsel has put in appearance on behalf of Real Estate Regulatory Authority. From the averments made in the writ petition, it appears that the primary grievance of the petitioner is that despite an order passed by the Real Estate Regulatory Authority way back on 24.01.2025, till date the amount under the said order has not been recovered because of which the petitioner has been continuously suffering. It has been brought on record that challenging the order passed by the Real Estate Regulatory Authority on 24.01.2025, whereby certain amounts were ordered to be paid to the petitioner. In this view, submission made on behalf of petitioner is that as on today there does not appear to be any legal impediment in getting the order dated 24.01.2025 passed by the Real Estate Regulatory Authority executed. He has also drawn attention of the Court to the recovery certificate sent to the Collector of the district concerned to realize the amount under the order dated 31.05.2025 as arrears of land revenue. Having regard to the aforementioned facts, we find that appropriate and effective mechanism is available under the provisions of Real Estate (Regulation and Development) Act, 2016 and the Rules framed thereunder to execute an order passed by the Real Estate Regulatory Authority. Accordingly, we dispose of this petition with the direction to the Real Estate Regulatory Authority as also to the District Magistrate concerned to ensure that the order dated 24.01.2025 passed by the Real Estate Regulatory Authority is executed at the earliest, say, within a period of three months from the date a copy of this order is produced before them. We further provide that before getting the order dated 24.01.2025 passed by the Real Estate Regulatory Authority executed, the authorities shall also see that there does not exist any legal impediment in execution of the said order. . (Shree Prakash Singh, J.) (Attau Rahman Masoodi, J.) Order Date :- 14.7.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench