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2025 DAILYLAW 30938 (ALL)

M/S NANDI INFRATECH PVT LTD v. UTTAR PRADESH REAL ESTATE REGULATORY AUTHORITY AND 3 OTHERS

WRIC/7999/2025 · 2025-04-30

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68886-DB Court No. - 29 Case :- WRIT - C No. - 7999 of 2025 Petitioner :- M/S Nandi Infratech Pvt Ltd Respondent :- Uttar Pradesh Real Estate Regulatory Authority And 3 Others Counsel for Petitioner :- Prashant Vardhan Counsel for Respondent :- Anjali Upadhya,C.S.C.,Mohd. Afzal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Petitioner is a real estate company, which is aggrieved by modified recovery issued against it by the Secretary, U.P. Real Estate Regulatory Authority dated 28.12.2024. The challenge is laid to the impugned action on the ground that the amount of dues payable by the petitioner was earlier calculated and that such amount has already been deposited/paid by the petitioner. It is submitted that without any opportunity to the petitioner now the dues have been re-determined, as a result of which additional liability has been imposed upon the petitioner. Submission is that impugned action is wholly arbitrary. Learned counsel for the UP RERA has placed before us copy of notices issued to petitioner on 21.10.2024 and 8.11.2024, whereby the petitioner was called upon to appear in order to examine the allegation of the flat owner that the entire dues have not been paid. Without entering into merits of the case, we are of the view that ends of justice would be met if an opportunity of post decisional hearing is given to the petitioner. We, accordingly, permit the petitioner to represent before the UP RERA in respect of modified demand vide letter dated 28.12.2024 by placing correct facts within a period of two weeks from today. In the event petitioner does so, we direct the respondent UP RERA to afford an opportunity of hearing to the fifth respondent and pass appropriate orders within a further period of six weeks, thereafter. The order impugned shall abide by the orders to be passed by UP RERA in terms of the observation made above. With the above observations/directions, this writ petition stands disposed of. Order Date :- 1.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad