RANJEET KUMAR SINGH S/O D.K. SINGH v. THE DISTRICT COLLECTOR
CW/11281/2025 · 2025-07-29
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24420 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24420 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11281/2025 Ranjeet Kumar Singh S/o D.k. Singh, Aged About 48 Years, House No. 38, Type- 3, Staff Colony, Ntpc, Badarpur, South- East, New Delhi, Presently Reside At Flat No. 1104, Tower - A1, Srs Residency, Sector 88, Faridabad, Haryana - 121002 ----Petitioner Versus
1. The District Collector, District Jaipur (Raj.)
2. Shivshakti Real Home Private Limited., 501-503, Diamond Tower, Purani Chungi Ajmer Road, Jaipur (Rajasthan) - 302019 At Present Shivalika Flats, 205 Bigha, Takiya Chowki, Power House, Kalwar Road, Near Kardhani, Jhotwara, P.s. Kardhani, Jaipur (Raj.) - 302012 Through Its Manager.
3. Shivshakti Real Home Private Limited., ( Project Site Office) Khasra No. Gh - 3, Village - Bagru Khurd- Bhamboria, Phsase 2, Omaxe City, Ajmer Road, Jaipur - 302026 (Rajasthan) Through Its Manager. ----Respondents For Petitioner(s) : Mr. Arvind Mahawar JUSTICE ANOOP KUMAR DHAND
Order 29/07/2025
1.
Learned counsel for the petitioner submits that an application under Section 36(2) of the Rajasthan Real Estate (Regulations & Development) Act, 2016 (hereinafter referred to as
“the Act of 2016”) was submitted before the Rajasthan Real Estate Regulatory Authority, Jaipur (hereinafter referred to as “RERA”).
Learned counsel submits that the aforesaid application submitted by the petitioner was allowed by the adjudicating officer vide order
(2 of 3) [CW-11281/2025] dated 01.07.2021, wherein certain directions were issued to the respondents. Learned counsel submits that the aforesaid order passed by the RERA has not been complied with by the respondents, hence, execution proceedings have been initiated against the respondents by the petitioner by way of filing an application before the said authority wherein the recovery certificate has been issued on 17.05.2022 and a direction has been issued by the Registrar, RERA to the District Collector, Jaipur to recover the said amount from the company concerned, thereafter a reminder notice was also issued on 12.02.2025, but all went in vain. Learned counsel submits that, under these circumstances, the petitioner has approached this Court by way of filing instant writ petition seeking appropriate directions to the District Collector to comply with the order dated 01.07.2021, 17.05.2022 and 12.02.2025 expeditiously within a time span.
Learned counsel submits that the aforementioned orders passed by the RERA have not been assailed by the respondents before any appropriate forum of law and those orders have neither been stayed nor quashed, hence, appropriate directions may kindly be issued to the District Collector.
2. Heard and considered the submissions made at the Bar and perused the material available on record.
3. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the application submitted by the petitioner under Section 36 of the Act of 2016 was allowed way-back in the year 2021 and certain directions have been issued to the respondents, thereafter recovery certificate was issued by the RERA on 17.05.2022 directing the
(3 of 3) [CW-11281/2025] District Collector, Jaipur to recover the aforesaid amount from the company concerned. When the aforesaid order was not complied with by the District Collector then again a reminder was issued on 12.02.2025, but inspite of passing of considerable time, nothing has been done so far.
4. In view of the above factual aspect of the matter, this Court deems it just and proper to dispose of the writ petition by issuing directions to the District Collector to speed up the recovery proceedings pursuant to the orders dated 01.07.2021, 17.05.2022 and 12.02.2025 issued by the RERA expeditiously as early as possible, preferably within a period of four months from the date of receipt of certified copy of this order.
(ANOOP KUMAR DHAND),J Karan/57