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2025 DAILYLAW 164169 (ALL)

JAI PRAKASH RAM v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO AND 4 OTHERS

WRIC/8936/2025 · 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. - 8936 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 the State-opposite party, Shri Jaiyesh Bhoosreddy, Advocate, who has put in appearance on behalf of opposite party nos.2 to 5 by filing 'vakalatnama', which is taken on record. 2. This writ petition has been filed by petitioner with following main prayer(s): "i. issue a writ, order or direction in the nature of mandamus directing to the opposite parties pay delay interest rate 10.95% to petitioner from execution of sale deed dated 24.02.2024 to possession dated 24.06.2025 for delay within stipulated time.as expeditiously within stipulated time, or fixed by this Hon'ble court ii. issue a writ, order or direction in the nature of mandamus directing to the opposite parties provide covered parking space within stipulated time as expeditiously within stipulated time, or fixed by this Hon'ble court." 3. It has been submitted by learned counsel for the petitioner that the petitioner had booked Flat No.E5/205, Block-E5 at Swati Apartment, C.G. City, Sultanpur Road, Lucknow in 2020-21 and deposited entire amount for the same, but the petitioner has been delivered possession only on 24.06.2025 by Lucknow Development Authority. The petitioner should have been paid interest for the time that has elapsed between his payment for the flat to the Lucknow Development Authority and his Versus Counsel for Petitioner(s) : Shivendra Rao, Ayush Gupta Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Jai Prakash Ram .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko And 4 Others .....Respondent(s) actual possession and sale deed. 4. A preliminary objection has been raised by Shri Jaiyesh Bhoosreddy, learned counsel for opposite party nos.2 to 5 that this writ petition involves disputed questions of fact. Since the petitioner has an efficacious alternative remedy before the Uttar Pradesh Real Estate Regulatory Authority as the project 'Kririka and Swati Apartment' is registered with the Authority under registration no.UPRERARJ7229. 5. This writ petition is disposed of, without entering into merits of the controversy, with liberty to the petitioner to approach the Uttar Pradesh Real Estate Regulatory Authority for the reliefs as claim in this writ petition. September 15, 2025 Anupam S/- WRIC No. 8936 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench