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2025 DAILYLAW 56859 (ALL)

ASHIVANI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/15082/2025 · 2025-05-18

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83365-DB Court No. - 40 Case :- WRIT - C No. - 15082 of 2025 Petitioner :- Ashivani And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Haribansh Narayan Singh,Madnesh Prasad Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the parties. This is a writ petition under Article 226 of the Constitution of India, wherein a direction is sought to the respondent No. 4, to ensure the full compliance of the orders dated January 31, 2022 and July 30, 2024, passed by the respondent No. 3; and a direction to the respondent authority to hand over the physical possession of Flat No. 1403, 14th Floor, Tower/Block No. T28, situate at Plot No. GH-06A, Tech Zone IV, Greater Noida (West), District Gautam Budh Nagar (U.P.), with all amenities and facilities as mentioned in the Allotment cum Flat Buyer Agreement dated April 29, 2015, after taking possession from the respondent No. 5. Further, a direction is sought to the respondent authority to initiate the recovery proceedings against the respondent No. 5, namely, M/s La Residentia Developers Private Limited to recover the delayed penalty amount and PRE-EMI amount from the respondent No. 5 as per point Nos. 2 and 5 of the order of the RERA dated January 31, 2022. The petitioners also seek a direction to the respondent No. 4 to take a decision on the notary affidavit dated January 21, 2025, submitted by the petitioner No. 1, pursuant to the orders dated January 31, 2022 and July 30, 2024, passed by the respondent No. 3. Subsequent to the filing of the writ petition, the Secretary RERA has passed an order on May 3, 2025. The petitioners are aggrieved by the said order and has made an application dated May 9, 2025, before the Secretary, RERA. The Secretary RERA is accordingly directed to expeditiously dispose of the application dated May 9, 2025, within a period of three months from date. Other issues raised in this writ petition are not being addressed or considered by us at this juncture, as June 4, 2025, is date fixed for hearing of the same before the RERA. With the above direction, the writ petition is disposed of. Order Date :- 19.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad