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2025 DAILYLAW 175274 (ALL)

M/S BHAGWATI SIGNATURE THRU. AUTHORIZED SIGNATORY SANDESH CHANDRA GUPTA v. REAL ESTATE REGULATORY AUTHORITY THRU. SECY. LKO. AND 5 OTHERS

A227/6210/2025 · 2025-11-06

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6210 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashutosh Singh and Sri Atharva Arya, the learned counsel for the petitioner, Sri Aviral Singh, Advocate holding brief of Sri Shobhit Mohan Shukla, the learned counsel for the Real Estate Regulatory Authority, Sri Alok Srivastava, the learned Standing Counsel for the State of U.P., Sri Tanay Hazari, the learned counsel for the opposite parties no.4 to 6. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has challenged the validity of an order dated 20.08.2025, passed by the Real Estate Regulatory Authority rejecting the petitioner's application for rectification of a recovery certificate no.1/168943/2025 stating that some amounts which have already been paid by the petitioner should be accounted for while proceeding to recover the dues from him. 3. The application has been rejected by means of the impugned order dated 20.08.2025 stating that there is no error or illegality in four recovery certificates issued on 27.05.2025. The order does not deal with the plea of the petitioner that it has already paid a sum of Rs.5,60,000/- to the flat buyer and has paid some amounts to HDFC Bank. 4. Although, the learned counsel for the flat buyers has opposed Versus Counsel for Petitioner(s) : Atharva Arya Counsel for Respondent(s) : Shobhit Mohan Shukla M/S Bhagwati Signature Thru. Authorized Signatory Sandesh Chandra Gupta .....Petitioner(s) Real Estate Regulatory Authority Thru. Secy. Lko. And 5 Others .....Respondent(s) the writ petition on various grounds, ultimately he agreed for the matter being remanded and requested that his pleas may be directed to be considered by the Real Estate Regulatory Authority before decision of the rectification application. 5. Accordingly, the petition is allowed. The impugned order dated 20.08.2025, passed by the Real Estate Regulatory Authority rejecting the petitioner's application for rectification is set aside and the matter is remanded to Real Estate Regulatory Authority for being decided afresh after giving an opportunity to the flat buyers and after dealing with all the plea raised by the concerned parties expeditiously in accordance with law preferably within a period of two weeks from today. 6. Till a fresh decision is taken by the Real Estate Regulatory Authority on the rectification application, no recovery shall be affected against the petitioner. November 6, 2025 Ram. A227 No. 6210 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench