CHANDRESH KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF/ PRIN. SECY. HOUSING AND URBAN PLANNING U.P. LKO. AND 3 OTHERS
/7413/2025 · 2025-08-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155614 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155614 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44980-DB Court No. - 2 Case :- WRIT - C No. - 7413 of 2025 Petitioner :- Chandresh Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy. Housing And Urban Planning U.P. Lko. And 3 Others Counsel for Petitioner :- Amit Yadav,Amitesh Mishra,Suryansh Narula Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Vivek Kumar Tripathi, Advocate holding brief of Shri Shobhit Mohan Shukla, learned counsel for the respondent no.3. This petition has been filed by the petitioner with the following main prayer :
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Respondent no. 2 to execute the Recovery Certificate dated 27.11.2024 issued by the Secretary, Learned Authority contained as Annexure-1 to the instant Writ Petition within such reasonable time frame as this Hon'ble Court deem just and proper." It has been submitted by learned counsel for the petitioner that the respondent no.4 had launched a project by the name of Orchid Valley and upon failure to deliver possession, the petitioner filed a complaint on 15.04.2023 under Section 31 of The Real Estate (Regulation and Development) Act, 2016, which was decided in his favour. After the RERA decided the complaint on 25.06.2024, no statutory appeal was preferred against the said
order by the respondent no.4. A recovery certificate was issued on 27.11.2024 by the Secretary, RERA, Lucknow which is to be executed by the respondent no.2, District Magistrate,
Lucknow. However, no steps have been taken by him to execute the recovery certificate and, hence, this petition has been filed with the aforesaid prayers. The writ petition is disposed of with a direction to the respondent no.2, District Magistrate, Lucknow to execute the recovery certificate dated 27.11.2024 within a period of two months from the date a certified copy of this order is furnished to him unless there is no any legal impediment in this regard. In case, there is any legal impediment the petitioner shall be informed in writing by the office of District Magistrate, Lucknow within the aforesaid period of two months.
Order Date :- 4.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench