SUNIL KUMAR AGGARWAL v. UTTARAKHAND REAL ESTATE REGULATORY AUTHORITY
WPMS/2363/2026 · 2026-08-05
Manoj Kumar Tiwari
body2026
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[ 2026 DAILYLAW 10107 (UTT) · dailylaw.ai ]
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[ 2026 DAILYLAW 10107 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010137192026
2026:UHC:6887 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2363/2026
Sunil Kumar Aggarwal and others --Petitioners Versus Uttarakhand Real Estate Regulatory Authority and others --Respondents
Hon'ble Manoj Kumar Tiwari, J.
Mr. Piyush Garg and Mr. Raghav Singhal, Advocates for the petitioners.
2. Ms. Monika Pant, Advocate for respondent no. 1.
3. Mr. Yogesh Pandey, Deputy Advocate General for the State of Uttarakhand/ respondent no. 2.
4. By means of this writ petition, petitioners have sought the following reliefs:-
“i. Issue a writ, order or direction in the nature of mandamus commanding Respondent No. 1 (Uttarakhand Real Estate Regulatory Authority) to decide the pending Recall Application dated 15.05.2026, filed by the petitioners in Complaint Case No. 115 of 2021 (Annexure No. 12) (Page No. 118 to 126), expeditiously, and in any case within such time frame as may be fixed by this Hon'ble Court and to further direct stay of order dated 16.04.2025 as passed by the Respondent No. 1 till the disposal of the recall application; ii. Issue a writ, order or direction in the nature of certiorari quashing the order dated 21.05.2026 passed by Respondent No. 1 in Execution Case No. 24 of 2025 (Annexure No. 14) (Page No. 134 to 142), by means of which execution of the
order dated 16.04.2025 was directed against
UKHC010137192026
2026:UHC:6887 the petitioners without deciding the pending Recall Application and without affording opportunity of hearing to the petitioners; iii. Issue a writ, ormder or direction in the nature of certiorari or mandamus quashing the Recovery Certificate dated 24.06.2026 (Annexure No. 15) (Page No.143 to 144), and the consequent Recovery Citation dated 07.07.2026 (Annexure No. 16) (Page No 145 to 146), issued against the petitioners.”
5. After arguing for a while, Mr. Piyush Garg, learned counsel for petitioners seeks permission to withdraw the writ petition with liberty to approach the Appellate Tribunal under Section 43 of The Real Estate (Regulation and Development) Act, 2016
6. Accordingly, the writ petition is dismissed as withdrawn with the liberty as aforesaid.
(Manoj Kumar Tiwari, J.) 05.08.2026 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a 15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A8 6DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.08.05 17:50:50 +05'30'