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2025 DAILYLAW 163279 (ALL)

DR. PRATIMA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING AND 2 OTHERS

WRIC/8761/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8761 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, who appears for State-opposite party no.1 and Sri Shobhit Mohan Shukla, who appears for opposite party no.2. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.3 is dispensed with. 3. This writ petition has been filed with the following main prayers:- "1) Issue a writ, order, or direction in the nature of mandamus commanding the Opposite Party No2 Real Estate Regulatory Authority, U.P., to expeditiously decide the pending Complaint Case No. LKO162/0 2/105788/2023 filed by the petitioner against the builder, in accordance with law, within a time-bound period, so as to secure justice to the petitioner who has already deposited a substantial amount; (ii) Further issue a writ, order, or direction in the nature of mandamus commanding the Opposite Party No.2 to ensure that Opposite Party No.2/Builder - M/s Viraj Constructions complies with its statutory obligations under the Real Estate (Regulation and Development) Act, 2016, and refunds the amount of Rs.6,65,055/-deposited by the petitioner through Various instalments, together with interest at the rate prescribed under Section 18 of the RERA Act, 2016, and further compensation for delay, harassment, and financial loss suffered by the petitioner.” 4. Sri Shobhit Mohan Shukla, who appears on behalf of opposite party no.2, prays for some time to decide the complaint of the petitioner. 5. This writ petition is disposed of without entering into the controversy Versus Counsel for Petitioner(s) : Vijay Kumar Pandey Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Dr. Pratima Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning And 2 Others .....Respondent(s) involved, with a direction to opposite party no.2 to decide the complaint of the petitioner within a period of three months from the date a certified copy of this order is produced before it. September 9, 2025 Rao/- WRIC No. 8761 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench