UTKARSH SETH THRU. POWER OF ATTORNEY SRI JITENDRA BAHADUR SETH v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND 3 OTHERS
/7619/2025 · 2025-08-13
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47299-DB Court No. - 2 Case :- WRIT - C No. - 7619 of 2025 Petitioner :- Utkarsh Seth Thru. Power Of Attorney Sri Jitendra Bahadur Seth Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 3 Others Counsel for Petitioner :- Sachin Garg Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shobhit Mohan Shukla, learned counsel for respondent no.3.
2. This petition has been filed by the petitioner with following main prayers:-
"(i) To issue a writ order or direction in the nature of mandamus directing the respondent no.2 to ensure recovery of amount
as
per
Recovery
Certificate No.11936/UPRERA/Vasuli/2023-24 dated 19.09.2023 which is issued by respondent no.3 - UP RERA in pursuance to the order dated 09.10.2021 passed by the respondent no.3 in Complaint No. LKO 162/10/62744/2020 (Utkarsh Seth ..Vs.. M/s J.J. Motels and Hotels Pvt. Ltd.) copy whereof is morefully annexed as ANNEXURE NO.1 to the writ petition. (ii) To issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to pay entire deposited amount in compliance of the order dated 09.10.2021 passed by the respondent no.1 in Complaint No. LKO 162/10/62744/2020 (Utkarsh Seth ..Vs.. M/s J.J. Motels and Hotels Pvt. Ltd.)."
3. It is the case of the petitioner that he had filed a complaint before the U.P. Real Estate Regulatory Authority (for short 'RERA') against respondent no.4, the builder, with regard to non-releasing of possession in time. The RERA has passed an
order on 9.10.2021 in favour of the petitioner. The recovery certificate has already been issued on 19.9.2023, but the District Magistrate, Lucknow is not initiating proceedings in pursuance of such recovery certificate.
4. This petition is disposed of with a direction to respondent no.2-District Magistrate, Lucknow to take appropriate steps for
compliance of the recovery certificate issued by the RERA within a period of six weeks from the date a certified copy of this order is produced before him.
Order Date :- 13.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench