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2025 DAILYLAW 190986 (ALL)

M/S SHOURYASHUBHAM INFRASTRUCTURE PRIVARE LIMITED v. STATE OF U.P. AND 5 OTHERS

WRIC/36285/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36285 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Shri Siddharth Singhal, learned counsel for the petitioner and Shri Mohd. Afzal, learned counsel for respondent no.2. 2. At present, it does appear, the petitioner had earlier filed application for rectification of the order passed by RERA, before that quasi judicial body. That came to be rejected by order dated 19.12.2024. Writ petition filed there against was dismissed as withdrawn vide order dated 11.09.2025 with liberty to the petitioner to proceed in accordance with law. 3. At present, relying on Clause 8F of the office order dated 31.10.2022, it has been stressed, the petitioner is only seeking rectification in the recovery certificate to incorporate the correct disputed amount already deposited by it. That application has remained pending since 16.07.2025. In the meantime, recovery proceedings are being pressed. Accordingly, prayer has been made that respondent no.2 may deal with and decide the petitioner's application dated 16.07.2025 (Annexure no.2) expeditiously. 4. On the other hand, learned counsel for respondent no.2 would submit, no order may be passed except after hearing all parties. 5. In view of such facts, no useful purpose would be served in keeping the present petition pending or calling for counter affidavit at this stage. 6. Accordingly, the present petition stands disposed of with the direction that the respondent no.2 may proceed to deal with and decide the Versus Counsel for Petitioner(s) : Ankita Singhal, Siddharth Singhal Counsel for Respondent(s) : C.S.C., Mohd. Afzal M/S Shouryashubham Infrastructure Privare Limited .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) petitioner's application dated 16.07.2025 in accordance with law, as expeditiously as possible, after hearing all necessary parties, preferably within a period of two months. 7. In the meantime, subject to the petitioner depositing the admitted amount Rs. 53,00,000/- within 15 days, balance/disputed amount (roughly Rs. 30,00,000/-) shall remain stayed for a period of two months or till disposal of the rectification application, whichever is earlier. October 17, 2025 Prakhar WRIC No. 36285 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRAKHAR SRIVASTAVA High Court of Judicature at Allahabad