SANJEEV AGARWAL v. U.P. REAL ESTATE REGULATORY AUTHORITY THRU. AUTHORISED OFFICER LKO. AND OTHERS
WRIC/9746/2025 · 2025-10-07
Amitabh Kumar Rai, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 190170 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190170 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9746 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner and learned State Counsel. This petition has been filed with the following main prayer :
"Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 i.e. District Magistrate, Lucknow to execute the recovery certificate dated 30.06.2025 and 08.07.2025 issued in favour of the petitioner and against the respondent no.3 for recovery of the amount as directed to be paid by the respondent no.3 in the interest of justice." It has been submitted by learned counsel for the petitioner that the petitioner had filed a complaint under Section 18 of the RERA Act, 2016 before U.P. RERA Lucknow for the delivery of possession of the units for which the petitioner had made the entire payment to the developers i.e. respondent no.3 in Golf View Apartment, Lucknow. The complaint of the petitioner has been allowed and a final order has been passed in favour of the petitioner. On the failure of opposite party no.3 to comply with the directions dated 21.05.2019 and 23.05.2022, the petitioner made an application for execution of the orders upon which two recovery certificates were issued by the respondent no.1 on 30.06.2025 and
08.07.2025. However, till date, District Magistrate, Lucknow has not taken any action in the matter. Learned Standing Counsel appearing on behalf of the State-respondents Versus Counsel for Petitioner(s) : Anuuj Taandon Counsel for Respondent(s) : C.S.C. Sanjeev Agarwal .....Petitioner(s) U.P. Real Estate Regulatory Authority Thru. Authorised Officer Lko. And Others .....Respondent(s)
has placed before this Court the instructions sent by Sub Divisional Magistrate, Sadar, Lucknow, wherein it has been stated that in pursuance of the recovery certificate issued by the respondent no.1, a demand letter dated 18.08.2025 has been sent to the respondent no.3, which has also been served upon it. Again, R. C. Form No.38 has been issued on 06.10.2025 for the attachment of the property. The office of the respondent no.3 has also been sealed. A copy of such instructions is kept on record.
The writ petition is disposed of with a direction to the District Magistrate, Lucknow, to ensure the execution of the recovery certificate issued by the respondent no.1 within a period of two months from the date a copy of this order is produced before him, provided there is no legal impediment. October 7, 2025 Mahesh WRIC No. 9746 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench