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2025 DAILYLAW 91909 (ALL)

SIKKA KARMIK GREENS APARTMENT OWNERS v. STATE OF U.P. AND 2 OTHERS

WRIC/31782/2025 · 2025-09-24

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31782 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner, by means of the present writ petition, has prayed for the following reliefs: "1. To issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Gautam Budh Nagar to immediately free Sikka Karmik Greens Building, Sector-78, NOIDA, Gautam Buddh Nagar from the clutches of respondent no. 3 and hand over the maintenance and security charge of the same to the petitioner, so that justice may be done. 2. To issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Gautam Budh Nagar to decide the representation of the petitioner dated 10.05.2025 within a stipulated period by a reasoned and speaking order, failing which the petitioner shall suffer irreparable loss and injury." 3. It has been pointed out that under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA), the petitioner has a statutory remedy of approaching the RERA Versus Counsel for Petitioner(s) : Ramesh Pundir, Rekha Pundir Counsel for Respondent(s) : C.S.C. Sikka Karmik Greens Apartment Owners .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Authority. 4. Accordingly, the writ petition is dismissed as not pressed with liberty to the petitioner to approach the RERA Authority under Section 31 of the Act. September 25, 2025 Sumaira WRIC No. 31782 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad