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2025 DAILYLAW 160875 (ALL)

TULSIANI CONSTRUCTION AND DEVELOPERS PRIVATE LIMITED THRU. AUTHORIZED SIGNATORY RAVI TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 3 OTHERS

WRIC/9019/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9019 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 appearing on behalf of the State Respondents and Sri Shobhit Mohan Shukla, learned Counsel appearing on behalf of the respondent no.2. 2. This petition has been filed with the following main prayers:- "Issue a writ, order or direction in the nature of Certiorari and quashed and Recovery Certificate dated 19.10.2020 issued by opposite party no.2 in Complaint No.ADJ/LKO162/07/0330/2019 "Amit Sengar Vs. Tulsiani Constructions and Developers Pvt. Ltd." 3. It has been submitted by learned Counsel for the petitioner that the petitioner company had entered into a sale agreement with the respondent no.4- Amit Sengar, who filed a complaint against the petitioner before the U.P. R.E.R.A. An order was passed on his complaint and Recovery Certificate dated 09.10.2010 was issued. The petitioner entered into an agreement with mutual consent and a compromise dated 21.01.2021 was signed between the parties. The petitioner handed over possession of the flat to the respondent no.4 and the dispute was amicably settled. However, after signing of the settlement deed, the respondent no.4 approached this Court in Writ-C No.7491 of 2023: Amit Sengar and Another Vs. State of Versus Counsel for Petitioner(s) : Saurabh Misra, Vikas Kumar Verma Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Tulsiani Construction And Developers Private Limited Thru. Authorized Signatory Ravi Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 3 Others .....Respondent(s) U.P. and others, alleging that the Recovery Certificate issued by R.E.R.A. for recovery of amount of Rs.18,40,682.10/- from the respondent no.4 was not being complied with by the District Magistrate and this Court summarily disposed of the writ petition with the direction to the District Magistrate Lucknow to execute the Recovery Certificate dated 09.10.2020 within a period of two months from the date a certified copy of the order was furnished before him unless there was any legal impediment in this regard, in which case he would have to inform the same in writing to the petitioner within the said period. 4. Learned Counsel for the petitioner says that now in pursuance of such order passed by this Court on 29.08.2023, recovery proceeding have been initiated against the petitioner. Hence this petition. 5. This Court having gone through the order dated 29.08.2023 is of the considered opinion that a fresh writ petition, challenging the recovery proceedings initiated in pursuance of the order passed by this Court in Writ-C No.7491 of 2023 as aforesaid, cannot be entertained. 6. The petitioner has remedy of filing a Review Application against such order. 7. The writ petition stands dismissed. September 15, 2025 Rahul WRIC No. 9019 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench