Allahabad High Court
Archana Singh And Another vs State Of Up And 3 Others on 1 March, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:37263-DB Court No. - 21 Case :- WRIT - C No. - 1846 of 2024 Petitioner :- Archana Singh And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Prashant Sharma Counsel for Respondent :- Ashish Mishra,C.S.C.,Mohd. Afzal Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. The instant petition has been filed praying for a writ of mandamus commanding respondent no. 2 to execute recovery certificate dated 7.9.2022 against respondent no. 3 for recovery of the amount due and payable to the petitioners under the order of U.P. RERA.
2. It is brought to our knowledge that respondent no. 4 had been depositing fixed amount every month before U.P. RERA in pursuance of order dated 30.5.2023 in Writ - C No. 13818 of 2023 (Amit Goyal vs. State of U.P. and 3 others). The claim of the petitioners is at Sl. No. 120 in the chart annexed with the affidavit of District Magistrate filed in the said case.
3. Counsel for the petitioners stated that the petitioners have filed an affidavit before U.P. RERA as per standard procedure before the amount is disbursed.
4. Sri Mohd. Afzal, learned counsel for U.P. RERA and Sri Ashish Mishra, learned counsel for respondent no. 4, state that the claim of the petitioners would be satisfied as per the recovery certificate upon release of the amount already in deposit with U.P. RERA, after verifying their credentials.
5. In view of the aforesaid statement, we dispose of the instant petition by providing that U.P. RERA shall disburse the amount to the petitioners after carrying out due verification as per their entitlement according to seriatim in the chart annexed along with the affidavit of the District Magistrate in the aforesaid writ petition.
(Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.3.2024 Jaideep/-