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2025 DAILYLAW 150954 (ALL)

PAWAN ARORA v. DISTRICT MAGISTRATE LUCKNOW DISTT. LUCKNOW AND 2 OTHERS

WRIC/6614/2025 · 2025-07-24

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42447-DB Court No. - 2 Case :- WRIT - C No. - 6614 of 2025 Petitioner :- Pawan Arora Respondent :- District Magistrate Lucknow Distt. Lucknow And 2 Others Counsel for Petitioner :- Ravi Shanker Singh,Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Vakalatnama filed by Sri Shivendra Singh, Advocate on behalf of opposite party no. 3 is taken on record. By means of this writ petition, a prayer has been made to direct the District Magistrate, Lucknow to execute the recovery certificate dated 02.09.2022 issued by the Secretary, U.P. Real Estate Regulatory Authority for recovery of the amount of Rs.12,01,898/- from respondent no.3. Counsel for the petitioner orally submitted that no appeal has been filed against the order dated 01.07.2020 passed by the U.P. Real Estate Regulatory Authority, pursuant to which recovery certificate dated 02.09.2022 was issued. Sri Shivendra Singh, learned counsel for the opposite party no. 3 says that the recovery certificate has wrongly been issued and the interest has wrongly been calculated. If it is so, then the remedy is under the RERA Act before the competent authority and not before us. Opposite party no. 3 may pursue prescribed remedies, if any but we cannot stall the recovery especially as no such proceedings for rectification of alleged error has been initiated as of now. In view of the aforesaid, this petition is disposed of finally with direction to the District Magistrate, Lucknow to execute the recovery certificate dated 02.09.2022 within a period of three months from the date a certified copy of this order is furnished before him, unless there is any legal impediment in this regard in which case he shall inform the petitioner in writing within the aforesaid period. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 24.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench