Allahabad High Court
Sunworld Residency Pvt. Ltd. Thru. ... vs U.P. Real State Appellate Tribunal ... on 1 August, 2019
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. SINGLE No. - 20801 of 2019 Petitioner :- Sunworld Residency Pvt. Ltd. Thru. Auth. Signatory Kartikey Respondent :- U.P. Real State Appellate Tribunal Lucknow & Ors. Counsel for Petitioner :- Vaibhav Gupta Counsel for Respondent :- C.S.C.,Shailendra Singh Chauhan Hon'ble Mrs. Sangeeta Chandra,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner.
The petitioner prays for a mandamus to be issued to the opposite party nos.2 & 3 not to give effect to the Recovery Citation/Certificate issued by the U.P. Real State Regulatory Authority in pursuance of the order passed by it on 18.05.2018.
It has been submitted by the learned counsel for the petitioner that the petitioner has already filed an Appeal before the U.P. Real Estate Appellate Tribunal and notices have been issued in the Appeal which has been registered as Miscellaneous Case No.273 of 2019 (Sunworld Residency Pvt. Ltd. V. Shourabh Gupta). However, learned counsel for the Tribunal has not taken into account the application for interim relief and merely issued notice, therefore, this writ petition has been filed for grant of interim relief by this Court during the pendency of the Appeal/Miscellaneous Case No.273 of 2019.
This writ petition is not maintainable against the order dated 18.05.2018 as the petitioner has already availed the Statutory Remedy. The Hon'ble Supreme Court in case of State of Orissa Vs. Madan Gopal Rungta, reported in AIR 1952 SC 12, has observed that the High Court should not entertain writ petitions where the prayer is restricted only to a direction to the executive by way of interim relief. The Court has observed thus "...........In our opinion, Article 226 cannot be used for the purpose of granting Interim Relief only to circumvent the provisions ......" (of the Act otherwise applicable)". This Court cannot allow filing of writ petitions as statutory remedy has already been availed of and the such writ petition is not maintainable only for interim stay of the order of recovery passed in pursuant of order impugned in the Appeal.
This writ petition is dismissed as not maintainable.
Order Date :- 1.8.2019 PAL