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2025 DAILYLAW 155416 (ALL)

M/S BHAGWATI SIGNATURES THRU. AUTHORIZED REPRESENTATIVE VIKAS PRATAP SINGH v. U.P. REAL ESTATE REGULATORY AUTHORITY THRU. SECY. AND 6 OTHERS

/4630/2025 · 2025-08-04

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44926 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4630 of 2025 Petitioner :- M/S Bhagwati Signatures Thru. Authorized Representative Vikas Pratap Singh Respondent :- U.P. Real Estate Regulatory Authority Thru. Secy. And 6 Others Counsel for Petitioner :- Ayush Sharma Counsel for Respondent :- Shobhit Mohan Shukla,C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Shri Shobhit Mohan Shukla, learned counsel has accepted notice on behalf of the respondent No.1, whereas the notice on behalf of the respondents No.2 and 3 has been accepted by the Office of the Chief Standing Counsel. By means of the instant petition, the petitioner prays for the following main relief:- "a. To issue an appropriate order or direction to stay the recovery proceedings and to direct the respondent No.2 and 3 not to take any coercive measure action against the petitioner till disposal of application/representation dated 24.06.2025, 03.07.2025 and 22.07.2025 by respondent No.1". The submission of the learned counsel for the petitioner is that in proceedings before the RERA, an award dated 09.06.2023 was passed against the petitioner. However, as per the petitioner, the amount calculated and the recovery are erroneous and in view thereof, the petitioner moved certain representations, which are engaging the attention of the respondent No.1. It is urged that the matter is now listed before the RERA Authorities tomorrow and till then the recovery proceedings against the petitioner may be stayed and at least the respondent No.3 be directed not to take any coercive measures against the petitioner. Considering the aforesaid submissions and perusal of the material on record, this Court finds that the award passed by the RERA is dated 09.06.2023. The representation/application as allegedly moved by the petitioner was only dated 24.06.2025 and thereafter some more applications are said to be moved, however, since the matter is pending before the RERA and as per the petitioner, the matter is now listed tomorrow, this Court is not inclined to entertain the instant petition. Accordingly, it is dismissed leaving it open for the petitioner to agitate the matter before the RERA Authorities. In case if any of the application of the petitioner is pending, it is expected that it shall be considered and decided as expeditiously as possible. With the aforesaid observations, the petition is disposed of. Order Date :- 4.8.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench