Neutral Citation No. - 2025:AHC:137170-DB Court No. - 3 Case :- WRIT - C No. - 27140 of 2025 Petitioner :- Devidayal Aluminium Industries Pvt. Ltd Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Devansh Misra,Prashant Tripathi Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, Mohd. Afzal learned counsel for the respondent nos. 2 and 3, learned Standing Counsel for the State-respondents and perused the record. 2. The petitioner has prayed for quashing of the order dated 09.07.2020 passed under Section 35(2) of the Real Estate (Regulation and Development) Act, 2016 and consequential recovery citation dated 20.04.2023 and Form RC-43 dated 23.02.2024 and for a direction to respondent no.3 to decide its recall application dated 21.07.2025. 3. The case of the petitioner is that petitioner was not served with any notice of the proceedings and it came to know of the order for the first time on 26.03.2024 and soon thereafter an application for recall of the order was filed. It is urged that in such circumstances the recovery should not proceed unless the recall application is decided. 4. Shri Mohd. Afzal, learned counsel appearing for respondent nos.2 and 3 very fairly submits that the recall application would be decided by the authority within such time as may be directed by this Court. 5. Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to respondent no.3 to decide the recall application within three weeks from the date of communication of the instant order after due notice and opportunity of hearing to the complainant. It is further provided that until the recall application is decided, the recovery proceedings will remain in abeyance qua the petitioner and will thereafter abide by the decision that would be taken by respondent no.3 on the recall application. 6. In case respondent no.5 feels aggrieved by the instant order, it shall be open to him to apply for recall/variation of the order. Order Date :- 12.8.2025 Sharad/- (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad