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2025 DAILYLAW 163520 (ALL)

TULSIANI INFRAVENTURES PRIVATE LIMITED THRU. AUTHORIZED SIGNATORY MR. JAGDISH PRASAD SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS

WRIC/9020/2025 · 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. - 9020 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 to quash the Recovery Certifictae dated 30.11.2021 issued by opposite party NO.2 in complaint no.12201827862 "Upadhyay Infratech Ltd. Vs. M/s Tulsiani Infraventures Pvt. Ltd." and another recovery certificate dated 26.07.2022 issued in complaint NO. LKO162/02/50074/2020 "Shardul Vs M/s Tulsiani Infraventures Pvt. Ltd", which has bee wrongfully issued by the opposite party no.2 against the earlier allotted uni of the opposite party no.4 & 5" 3. It is the case of the petitioner that the petitioner company had launched their residential project with the name of "Palacio Imperial White" situated at Sushant Golf City, Lucknow. The respondent nos.4 & 5 approached the petitioner company for purchasing commercial shops. The Versus Counsel for Petitioner(s) : Vikas Kumar Verma, Saurabh Misra Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Tulsiani Infraventures Private Limited Thru. Authorized Signatory Mr. Jagdish Prasad Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others .....Respondent(s) respondent no.4 and and her husband Late Shardul Vikram Upadhyay had been allotted shop No.13 by allotment letter dated 27.07.2016 and the respondent no.5, which is a proprietorship firm of the respondent no.4, had been allotted Shop No.38 by allotment letter dated 21.08.2015. Thereafter, a request was made by respondent no.4 on 14.08.2028 to shift them to another project. The petitioner accordingly shifted the respondent no.4 and 5 to another project, namely, "Golf View Apartment", Sushant Golf City, Lucknow. Respondent no.4 & 5 however approached U.P.R.E.R.A. against the petitioner and complaints were filed bearing Complaint No12201827862 and Complaint No.LKO162/02/50074/2020: Shardul Vs. M/s Tulsiani Infraventures Pvt. Ltd. The said complaints were disposed of by U.P. R.E.R.A. by orders dated 18.11.2019 and 13.09.2021 respectively issuing Recovery Certificates. Being aggrieved with the orders dated 18.11.2019 and 13.09.2021 passed by the respondent no.2, the petitioner filed an Appeal before the Appellate Tribunal and the same has been dismissed by order dated 17.10.2022. Hence this petition. 4. It appears that the Appeal that was filed before the U.P. R.E.R.A. was dismissed as not maintainable on account of non deposit of the amount as required under Section 43(5) of the Act. 5. This Court finds no good ground to show interference in the impugned Recovery Certificates. 6. The writ petition stands dismissed. September 15, 2025 Rahul WRIC No. 9020 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench