HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35720 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Ashish Mishra, learned counsel for the petitioner, Sri Vineet Pandey, learned counsel for respondent nos.2, 3 and 4, and Sri Ajeet Singh Rana, learned Standing Counsel for the State-respondents. 2. In view of the order proposed to be passed, notices need not go to private respondent Nos.6 & 7. 3. The instant writ petition has been filed praying inter alia for the following relief: "i) Issue a writ of mandamus or any other appropriate writ, direction or order directing Respondent Uttar Pradesh Awas Evam Vikas Parishad, to execute and register the Title Deed in favour of the petitioners for the flats purchased by the members of the petitioner association in the Group Housing complex situated at Plot No.18/GH-12, Sector 18, Vasundhara, Ghaziabad, Uttar Pradesh developed by Respondent nos. 6 and 7 in terms of Order No.7774/77-4-2023-6011/2023 dated 21.12.2023 issued by Respondent No. 1 in accordance with the recommendation of Shri Amitabh Kant Committee Report dated 24.07.2023 and the principles enunciated by the Hon'ble Supreme Court of India in Amrapali Judgment as well as the recent directions passed by this Hon'ble Court in Para 117 of the Judgment in WP No. 40693 of 2019 and affirmed by the Hon'ble Supreme Court vide Order dated 11.06.2024 in SLP No. 12784-12786 of 2024; ii) Issue a writ of certiorari quashing the recovery certificate dated 03.03.2025 issued by the respondent no. 5 in pursuance to the recovery citation issued by the respondent no. 4 for attachment and auction of Plot No. 18/GH-12, Sector 18, Vasundhara, Ghaziabad, Uttar Pradesh iii) issue a writ of mandamus or any other appropriate writ, direction or order directing Respondent Authority to take recourse against Respondent No. 6 and 7 in accordance with law, for recovery of its dues under the Lease Deed." 4. The petitioner has approached this Court on the ground that impugned recovery citation issued for attachment and auction of the impugned plot in which the dwelling units of the members of the petitioner are constructed is in violation of Government order dated 21.12.2023 which Versus Counsel for Petitioner(s) : Ashish Mishra Counsel for Respondent(s) : C.S.C., Vineet Pandey Gardenia Gitanjali Flats Buyers Welfare Association .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) was issued in accordance with recommendation of Shri Amitabh Kant Committee report dated 24.07.2023 and the principle laid down in Amrapali judgment passed by the Supreme Court in the case of Bikram Chatterji & Ors. Vs. Union of India & Ors. Writ Petition (Civil) No.940 of 2017. 5. Learned counsel for the petitioner in this backdrop submits that the direction be issued to the respondent authority to initiate action against respondent nos.6 & 7, who are developer/promoter of the project. 6. Learned counsel for the petitioner at this stage, has confined his arguments to the extent that direction be issued to the Housing Commissioner, Uttar Pradesh Awas Evam Vikas Parishad, Lucknow to decide the objection so filed by the petitioner's association in accordance with law and till the final decision, no coercive action may be taken against the petitioner Association and its Members. 7. Considering the factual situation and the relief as has been prayed for, we find that the objection of the petitioner is to be considered in accordance with law, after taking into account the terms of the Government Order dated 21.12.2023, which was issued in accordance with the recommendation of Sri Amitabh Kant Committee Report dated 24.07.2023 and in the light of the mandate of The Supreme Court in Bikram Chatterji (supra). We are not inclined to keep the matter pending consideration. In light of the above, with the consent of the parties, the instant writ petition is finally disposed of with an observation that even though, in case the petitioner files a fresh exhaustive representation within a period of two weeks from today, the same shall be considered and decided by the competent authority i.e. respondent no.2 in further eight weeks time after giving opportunity of hearing to all the stakeholders. 8. Till disposal of the said objection, no coercive action shall be taken against the petitioner. October 28, 2025 Priya WRIC No. 35720 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad