SHALINI THAKKAR v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS
/7617/2025 · 2025-08-13
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156703 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47284-DB Court No. - 2 Case :- WRIT - C No. - 7617 of 2025 Petitioner :- Shalini Thakkar Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 4 Others Counsel for Petitioner :- Shivendra Rao 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 nos.2 and 3.
2. This petition has been filed by the petitioner with following main prayers:-
"i. issue a writ, order or direction in the nature of mandamus directing to the opposite party no. 2, 3 and 4 to execute the remaining part of recovery certificate dated 09.12.2024 and ensure the compliance of order dated 23.09.2024 passed by Real Estate Regulatory Authority as expeditiously within stipulated time, or fixed by this Hon'ble court as contained in Annexure no.2 and Annexure no.1."
3. It is the case of the petitioner that she had filed a complaint before the U.P. Real Estate Regulatory Authority (for short 'RERA') against respondent no.5, the builder, with regard to non-releasing of possession in time. The RERA has passed an
order on 23.9.2024 in favour of the petitioner. The recovery certificate has already been issued on 9.12.2024, but the District Magistrate, Gautam Buddha Nagar is not initiating proceedings in pursuance of such recovery certificate.
4. This petition is disposed of with a direction to respondent no.4-District Magistrate/Collector, Gautam Buddha Nagar 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