[2025:RJ-JP:21571] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19536/2024 Anand Kumar Sharma S/o Shri Arvind Kumar Sharma, Aged About 38 Years, R/o Near Uco Bank, Behind Govt. Hospital Bhusawar, District Bharatpur (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through District Collector, Jaipur, Rajasthan. 2. The Additional District Collector Cum Additional District Magistrate (Iiird), And Officer-In-Charge (Recovery), Jaipur. 3. M/s Shivshakti Realhome Private Limited, Having Its Office At 501-503, Diamond Tower, Purani Chungi, Ajmer Road, Jaipur-302019. ----Respondents For Petitioner(s) : Mr. Ankit Agarwal with Mr. Hemraj Rodiya HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/05/2025 The petitioner has filed the instant writ petition under Article 227 of the Constitution of India with the following prayer:- ”It is therefore most respectfully prayed that this writ petition may kindly be allowed, relevant record may kindly be called for and by appropriate writ, order or direction, direct the Respondent No.1 and 2 to make immediate and strict compliance of Recovery Certificate No. F5 (450) RJ/RERA/Recovery/2022/1300 dated 06.05.2022 issued by the Rajasthan Real [2025:RJ-JP:21571] (2 of 3) [CW-19536/2024] Estate Regulatory Authority, Jaipur for recovery of Rs.16,88,983/- from the Respondent No.3, within three months or within such timeline as may be drawn by this Hon’ble Court. Any, other order or direction which this Hon’ble Court deem just and proper may also be passed in favour of the petitioner. Cost also may be awarded in favour of the petitioner.” Learned counsel submits that this writ petition for issuance of Writ of Mandamus has been filed seeking directions to the respondent No.1 District Collector, Jaipur to take appropriate action/steps for execution of the recovery certificate issued on 06.05.2022 passed in pursuance of the order dated 01.07.2021 in Complaint No.RAJ-RERA-C-2018-2430 (Anand Kumar Sharma Vs. M/s Shivshakti Realhome Private Limited) by Rajasthan Real Estate Regulatory Authority, Jaipur. He submits that recovery certificate against respondent No.3 was issued on 06.05.2022 but still petitioner is deprived of the fruits of successful litigation. He further submits that no proper steps have been taken by respondent No.1. In these circumstances, appropriate directions may be issued to respondent No.1. He submits that the learned RERA, Jaipur after carefully considering the complaint and giving sufficient opportunity of hearing to both the parties, allowed the complaint vide order dated 01.07.2021 in favour of the petitioner. No appeal has been preferred by respondent No.3 thus, award has attained finality. [2025:RJ-JP:21571] (3 of 3) [CW-19536/2024] Considering the aforesaid facts and circumstances and also considering the limited prayer made by counsel for the petitioner, while dispensing with the service upon the respondents, the instant writ petition is disposed of with direction to respondent No.1, District Collector to make all endeavours to execute the recovery certificate dated 06.05.2022 as expeditiously as possible, preferably within a period of six months, if there is no legal impediment. In case, there is any legal impediment, respondent No.1 will pass a speaking order within a period of four weeks from the date of receipt of certified copy of this order. With the aforesaid directions, this writ petition stands disposed of. Stay application and pending applications, (if any), stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /47