BRIJESH KUMAR SHARMA v. STATE OF U.P. AND 2 OTHERS
WRIC/31563/2025 · 2025-09-16
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94701 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94701 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31563 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed with the following prayer:
"1. Issue a writ, order or direction in the nature of mandamus commanding the RERA Authority to decide the Petitioner's application dated 2.5.2025 and ensure delivery of possession of the flat to the Petitioner in terms of the order dated 23.6.2020 passed in the Petitioner's complaint registered as NCR No.145/040023/2023 under Section 31 of the U.P. Real Estate (Regulation and Development) Act, 2016, within a stipulated period."
2. Sri Ajay Kumar Sharma, Advocate appearing for the petitioner and Sri Mohd. Afzal for respondent no. 2 state that the instant case is identical to Writ No. 31553 of 2025 in which order has been passed today. 3. The order passed in the aforesaid writ petition is as follows:
"1. The following prayer has been made in the writ petition:
"Issue a writ, order or direction in the nature of mandamus commanding the RERA Authority to decide the Petitioner's application dated 30.4.2025 and ensure delivery of possession of the flat to the Petitioner in terms of the order dated 13.8.2019 passed in the Petitioner's complaint registered as Versus Counsel for Petitioner(s) : Ajay Kumar Sharma Counsel for Respondent(s) : C.S.C., Mohd. Afzal Brijesh Kumar Sharma .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
3201932794 under Section 31 of the U.P. Real Estate (Regulation and Development) Act, 2016, within a stipulated period."
2. Sri Md. Afzal, learned counsel for the U.P. RERA, on instructions, states that in pursuance of order of adjudicating authority, the matter was taken up by U.P. RERA and the order of cancellation of the unit allotted to the petitioners, has been stayed on 13.05.2025. He states that the next date is
20.11.2025. 3. As the complaint of the petitioners filed on 30.04.2025, is already being inquired into by U.P. RERA and therefore, we are of the considered opinion that no further direction is required to be issued. 4. It is left open to the petitioners to appear before U.P. RERA and place their version before the authority so that the proceedings are decided expeditiously. 5. Writ petition stands disposed of."
4. Accordingly, the instant petition also stands disposed of on the same terms.
September 17, 2025 A. Mandhani WRIC No. 31563 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad