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2025 DAILYLAW 91491 (ALL)

M/S NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. v. STATE OF UP AND 6 OTHERS

A227/10774/2025 · 2025-09-09

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10774 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following reliefs: "I. To issue an order or direction directing the respondent No.3 to decide the application for withdrawal of R.C. (Recovery Certificate) filed on 11.03.2025 in the form of recall application within stipulated period of time as directed by this Hon'ble Court and further providing, and until the final decision no coercive measures be taken against the petitioner. II. To issue an order or direction to set aside the order dated 24.10.2021 in Complaint Case No.NCR144/08/59073/2020 issued by the respondent No.2 under Section 31 of U.P. RERA Act, 2016. III. To issue an order or direction to set aside the orders dated 15.06.2022, 04.07.2022 passed by the respondent No.2 under Section 38/40/63 of U.P. RERA Act, 2016. IV. To issue an order or direction to set aside the recovery certificate dated 17.03.2023 issued by respondent No.3 under Section 40 of U.P. RERA Act,2016. V. To issue an order or direction to set aside the orders dated 23.04.2024, 23.07.2024, 23.10.2024, 12.11.2024, 16.12.2024, 09.05.2025 passed by respondent No.4 under Section 38/40/63 of U.P. RERA Act, 2016. Versus Counsel for Petitioner(s) : Pratik Chandra Counsel for Respondent(s) : C.S.C., Mohd. Afzal M/S Newtech Promoters And Developers Pvt. Ltd. .....Petitioner(s) State Of Up And 6 Others .....Respondent(s) VI. To issue an order or direction not to initiate coercive measures against the petitioner pursuant to the impugned recovery certificate dated 17.03.2023. VII. Award the costs of the petition to the petitioner." 3. Learned counsel for the petitioner prays that except for relief no.1, the petition may be dismissed for other reliefs at this stage. 4. Prayer so made is allowed. 5. Accordingly, the writ petition is dismissed with respect to relief nos.II to VII (mentioned above) at this stage. 6. So far as relief no.1 is concerned, contention of the learned counsel for the petitioner is that an application for withdrawal of Recovery Certificate dated 02.06.2025 is pending before the Secretary, U.P. Real Estate Regulatory Authority, Gautam Budh Nagar. He prayed that the same may be decided, expeditiously. 7. In view of above, no useful purpose would be served in keeping this petition pending. 8. Accordingly, the present petition stands disposed of finally with a direction to the Secretary, U.P. Real Estate Regulatory Authority, Gautam Budh Nagar to consider and decide the aforementioned withdrawal application of R.C. dated 11.03.2025, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 10, 2025 Priya A227 No. 10774 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad