Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10221 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Sri Sayujya Singh, learned Advocate has put in appearance on behalf of the respondent No.- 2, namely RERA, Gautam Buddh Nagar by filing vakalatnama which is taken on record.
2. Heard Sri Rahul Kumar Mishra, learned counsel for the petitioner, Sri Sayujya Singh, learned counsel for the RERA and learned Standing Counsel for the State respondents.
3. By means of this petition filed under 226 of the Constitution, petitioner has prayed for following relief:
"1. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to ensure recovery of amount from respondent no. 4 and payment to petitioner in compliance of recovery certificate dated 06.01.2026 (Annexure no.2) issued under Section 40 of 2016 Act in pursuance of order dated 13.10.2025 (Annexure no.1) passed under Section 31 Real Estate (Regulation and Development) Act, 2016 in complaint no. NCR144/09/113393/2023 within stipulated period."
4. Sri Sayujya Singh, learned counsel appearing for RERA and learned Standing Counsel appearing for State respondents do not have any objection in the event respondent No.- 3, namely Collector/ District Magistrate, Gautam Budh Nagar is directed to decide the pending matter of recovery in a stipulated period of time.
5. In view of the above, this petition stands disposed of with a direction to the respondent No.- 3 to consider and dispose of the matter of recovery Versus Counsel for Petitioner(s) : Ajay Kumar Sharma, Rahul Kumar Mishra Counsel for Respondent(s) : C.S.C., Mohd. Afzal Saurabh Vohra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
pursuant to the recovery certificate dated 6th January, 2026 as expeditiously as possible preferably within a period of two months from the date of presentation of certified copy of this order, if otherwise, there is no legal impediment. March 18, 2026 Atmesh WRIC No. 10221 of 2026 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad