Allahabad High Court
Manish Grover vs State Of U.P. And 4 Others on 11 January, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:5465-DB Court No. - 21 Case :- WRIT - C No. - 42215 of 2023 Petitioner :- Manish Grover Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Utsav Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Kshitij Shailendra,J.
1. Sri Ashish Mishra has filed his vakalatnama on behalf of respondent no. 5. The same is taken on record.
2. The instant petition has been filed praying for a writ of mandamus directing respondent no. 3, i.e. U.P. RERA, to execute its order dated 3.12.2021 and for a further direction to respondent no. 4 to execute the recovery certificate which is dated 7.9.2022.
3. An amount of Rs. 74,98,428.15 has become payable to the petitioner in pursuance of recovery certificate dated 7.9.2022, issued by respondent no. 4, in pursuance of order of U.P. RERA dated 3.12.2021 in a complaint filed by the petitioner under Section 31 of the Real Estate (Regulation and Development) Act, 2016.
4. Sri Shashi Nandan, learned Senior Counsel, assisted by Sri Ashish Mishra, appearing for respondent no. 5, points out that the amount aforesaid is in deposit with U.P. RERA in compliance of orders dated 22.5.2023 and 30.5.2023 in Writ - C No. 13818 of 2023 (Amit Goyal vs State of U.P. and 3 others). Therein a further direction to U.P. RERA is to the effect that the amount deposited by respondent no. 5 against 101 recoveries outstanding against it, including that of the petitioner herein, would be satisfied in seriatim. It is submitted that the petitioner may approach U.P. RERA to receive payment, in case the amount has yet not been released in his favour.
5. In support of the above contention, he has also placed before us a chart which was part of the affidavit of District Magistrate filed in the aforesaid case, wherein the instant recovery is shown at Sl. No. 118.
6. Counsel for the petitioner is not in a position to dispute the aforesaid factual position.
7. Accordingly, the petition is disposed of with liberty to the petitioner to approach U.P. RERA for satisfying his claim. As noted above, the payment would be made to the petitioner as per the seriatim given in the chart filed by the District Magistrate in the case of Amit Goyal (supra). The U.P. RERA will intimate the builder/developer of the amount being paid by it and the name of the claimant within two weeks of release of the amount.
(Kshitij Shailendra, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 11.1.2024 Jaideep/-