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2025 DAILYLAW 175110 (ALL)

TULSIANI CONSTRUCTIONS AND DEVELOPERS PVT. LTD. THRU. AUTH. SIGN. JAGDISH PRASAD SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO AND 4 OTHERS

A227/6560/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6560 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Vidhu Bhushan Kalia, the learned counsel for the petitioner, Sri Rahul Shukla, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Shobhit Mohan Shukla, the learned counsel for the opposite parties no.2 and 3 and Sri Utkarsh Kumar, Advocate who has put in appearance on behalf of the opposite party no.5/Nina Padam Singh and filed his vakalatnama, which is taken on record. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has assailed the validity of an order dated 30.09.2025, passed by U.P. Real Estate Regulatory Authority, a copy whereof has been annexed as Annexure No.1 to the petition only to the extent that it rejects the petitioner's claim of having entered into a settlement with the opposite party no.5 as the order states that the opposite party no.5 has not filed any reply regarding the petitioner's claim for having entered into a settlement with her. 3. The learned counsel for the petitioner states that the petitioner and the opposite party no.5 have already entered into a settlement deed dated 19.03.2025, a copy whereof has been annexed as Versus Counsel for Petitioner(s) : Vidhu Bhushan Kalia, Vaibhav Kalia Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Tulsiani Constructions And Developers Pvt. Ltd. Thru. Auth. Sign. Jagdish Prasad Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko And 4 Others .....Respondent(s) Annexure No.3 to the petition and the opposite party no.5 has sent its information through e-mail on 23.06.2025. In view of the aforesaid settlement no recovery was made from the petitioner in furtherance of recovery certificate dated 05.08.2020. 4. The learned counsel for the U.P. Real Estate Regulatory Authority submitted in case the opposite party appears before the authority or files an affidavit admitting the settlement deed the authority shall pass appropriate orders in accordance with law. 5. Accordingly, the instant petition is disposed of by providing that in case the opposite party no.5 appears before the U.P. Real Estate Regulatory Authority to admit the factum of settlement with the petitioner or files an affidavit to this effect within a period of one week from today, the authority will pass appropriate orders after considering the same in accordance with law within a period of two weeks thereafter. 6. The recovery certificate dated 05.08.2020 (Annexure No.2 to the petition) shall be kept in abeyance for a period of four weeks from today and the same will abide by the final order to be passed by the authority after affording an opportunity of hearing to the concerned parties. November 11, 2025 Ram. A227 No. 6560 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench