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2025 DAILYLAW 160143 (ALL)

SUMMIT TAKKAR v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND 4 OTHERS

WRIC/8237/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8237 of 2025 Court No. - 2 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 prayer:- "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 recovery certificate dated 07.07.2025 and ensure the compliance of order dated 30.04.2025 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 he 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 30.04.2025 in favour of the petitioner. The recovery certificate has already been issued on 07.07.2025, 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 Versus Counsel for Petitioner(s) : Shivendra Rao, Ayush Gupta Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Summit Takkar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 4 Others .....Respondent(s) 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. August 29, 2025 Rahul WRIC No. 8237 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench