Allahabad High Court
Uma Sharma vs State Of U.P. And 3 Others on 28 July, 2023
Bench: Pritinker Diwaker, Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:151367-DB Chief Justice's Court Case :- WRIT - C No. - 22980 of 2023 Petitioner :- Uma Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivam Dwivedi,Shubham Dwivedi Counsel for Respondent :- C.S.C.,Mohd. Afzal,Rahul Agarwal Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
The petitioner seeks issuance of writ of mandamus directing the Uttar Pradesh Real Estate Regulatory Authority (respondent No. 3) to rectify the recovery certificate dated 27.5.2022 and to issue fresh recovery certificate in pursuance of the order dated 27.1.2021 passed in favour of the petitioner. A further prayer to issue a writ of mandamus commanding the District Magistrate, Gautam Budh Nagar to ensure the execution of the fresh issued recovery certificate has also been sought.
Learned counsel for the petitioner submits that in the recovery certificate dated 27.5.2022 an amount of Rs.11,33,173.03 has been ordered to be issued to recover the same from the respondent No. 4, M/s Ansal Properties & Infrastructure Ltd. In fact, in the Column No. 6, the wrong calculation has been made though the calculation of the amounts figured in the Column No. 6 of the recovery certificate comes to be Rs.40,90,580.03/-. Learned counsel for the petitioner submits that respondent No.3, UPRERA may be directed to issue fresh recovery certificate to the extent of Rs.40,90,580.03/- and thereafter, the District Magistrate, Gautam Budh Nagar may be directed to ensure execution of rectified recovery certificate.
Learned Standing Counsel representing the State-respondents submits that no fruitful purpose would be served by keeping the writ petition pending and the same can be disposed of directing the RERA Authority to rectify the recovery certificate in terms of the order dated 27.1.2021 (Annexure-1 to the writ petition).
On perusal of the order-sheet, we find that the respondent No. 4 against whom the recovery certificate is sought to be enforced has not been noticed. However, since we intend to dispose of the writ petition finally, the notice upon the Respondent No. 4 is dispensed with.
In view of the above, the writ petition is finally disposed off with a direction to the petitioner to move an appropriate application before the RERA for rectification of the recovery certificate dated 27.5.2022 within a period of 15 days from today along with certified copy of the order of this Court.
In the eventuality of filing any application to rectify the recovery certificate dated 27.5.2022 by the petitioner, within the time allowed by this Court, the RERA shall proceed to decide the same within a period of one month and issue the rectified recovery certificate within 10 days thereafter, which will be executed by the District Magistrate, Gautam Budh Nagar, as expeditiously as possible, preferably within two months thereafter, if there is no other legal impediment.
Order Date :- 28.7.2023
Ravi Prakash
(Ashutosh Srivastava, J.) (Pritinker Diwaker, C.J.)