MR. GIRISH BAKSHI S/O TARLOCHAN LAL BAKSHI v. STATE OF RAJASTHAN
CW/14852/2025 · 2025-10-08
Ashutosh Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37294 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37294 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14852/2025 Mr. Girish Bakshi S/o Shri Tarlochan Lal Bakshi, Aged About 56 Years, R/o H.N. 7087, Sector-D, Pocket-7, Vasant Kunj, South West Delhi, Delhi-110070. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Secretariat, Jaipur (Raj).
2. The District Collector, Agro Tower, Krishi Mandi Campus, Khairthal-Tijara, Rajasthan-301404.
3. The Rajasthan Real Estate Regulatory Authority, Through Its Registrar, 2Nd Floor, Udhyog Bhawan, C-Scheme, Jaipur, Rajasthan.
4. M/s Genesis Infratech Private Limited, Through Its Director Mr. Lalit Sanduja, Registered Office At Shop No. 20, Plot No. WZ-3, Shyam Park, Near Metro Pillar No. 736, West Delhi, Uttam Nagar, Delhi-110059. Also At, Tower-B, 6Th Floor, Office No. 18, Emaar Digital Greens, Gurgaon Sohna Road, Baharampur Naya, Sector-61, Ghata, Haryana-122011.
5. M/s Genesis Infratech Private Limited, Through Its Authorized Representative, Project "Genesis Flora" At Khasra No. 201,202,203,204,205,314,315 And 494/311, Village-Dangonheri, Tijara, Alwar, Rajasthan-301404. ----Respondents For Petitioner(s) : Mr. Aman Lodha, Adv. For Respondent(s) : - HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 08/10/2025
1. This petition has been filed with the following prayer:-
"It is, therefore, humbly and most respectfully prayed that your lordships may
[2025:RJ-JP:40874] (2 of 3) [CW-14852/2025] very graciously be pleased to admit and allow this Civil Writ Petition and further; i. By issuing appropriate writ order or direction, Respondent no.2 may be directed to complete the recovery proceedings within a period of 2 months. ii. By issuance of an appropriate writ order or directions Respondent No.4 may be directed to comply with the order dated 09.09.2022. iii. By issuance of an appropriate writ order or directions Respondent No.4 may be directed to comply with the order dated 07.12.2023 in RAJ-RERA-C-2019-3337 Girish Bakshi Vs. Genisis Infratech Pvt. Ltd. and further directed to make the payment of the interest accrued till the realization of the amount. iv. Any other appropriate relief, which is deemed just and proper in above-mentioned
facts and circumstances, may also be granted to the petitioner along with the cost. v. Any other order or direction as this Hon'ble High Court may deem fair, just and proper in the facts and circumstances of the case may be passed in favour of the petitioner."
2.
Learned counsel for the petitioner submits that the petitioner filed a complaint No. RAJ-RERA-C-2019-3337 titled as "Girish Bakshi Vs. Genesis Infratech Pvt. Ltd." against respondent Nos. 4 & 5 before Rajasthan Real Estate Regulatory Authority (for short 'RERA'), Jaipur. The complaint was allowed along with other complaint by RERA vide order dated 07.12.2023 and respondent No.4 was directed to make the payment to the petitioner with interest @7.5% of highest MCLR of SBI+ 2% within 45 days. Recovery certificate was also issued on 09.02.2024 and the District Collector, Khairthal, Tijara- respondent No.2 was directed to recover the amount from the respondent Nos.4 & 5 and make the payment to the petitioner.
[2025:RJ-JP:40874] (3 of 3) [CW-14852/2025]
3.
Learned counsel for the petitioner submits that by lapse of considerable time, till date the impugned order and recovery certificate has not been complied with. Learned counsel further submits that, in this regard, representations were also submitted by the petitioner to District Collector, Khairthal, Tijara to expedite the proceedings and make payment to the petitioner. However, District Collector Khairthal, Tijara has not complied with the order passed by RERA. Learned counsel also submits that the impugned
order and recovery certificate passed by RERA has not been complied with by the respondents before any competent authority and the order shall become final. Therefore, the District Collector, Khairthal, Tijara be directed to implement the order passed by RERA in favour of the petitioner to ensure compliance within a fixed time period.
4. The prayer made by and on behalf of learned counsel for the petitioner appears to be genuine.
5. In that view of the matter, District Collector-respondent No.2 is directed to pass appropriate order after affording due opportunity of hearing to both the parties and decide the matter pending before it for recovery of the amount expeditiously; preferably within a period of three months from the date of receipt of copy of this order.
6. Accordingly, the present writ petition is disposed of with the above directions.
7. Stay application and all other pending application(s), if any, also stand disposed of.
(ASHUTOSH KUMAR),J Mohita /60