Petitioner sought mandamus directing RERA to execute a recovery certificate. Court held alternative remedy exists under RERA Act requiring an application before the Authority. Petition dismissed since no writ lies.
Petition dismissed as alternative remedy under Real Estate Regulatory Authority Act, 2016 is available.
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Court No. - 34
Case :- WRIT - C No. - 17693 of 2020
Petitioner :- Punita Motwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and Sri Wasim Masood, learned counsel for the respondent no.3.
By means of the present petition, the petitioner herein is seeking for a writ of mandamus directing the respondent no.2 to execute the recovery certificate dated 05.12.2019 issued by the respondent no.3 under Section 40 of Bhu Sampada (Niyaman & Vikash) Adhiniyam, 2016 by the respondent no.4.
For the prayer made in the present petition, it would be appropriate that the petitioner may move a proper application before the R.E.R.A. Authority in accordance with the Real Estate Regulatory Authority Act, 2016.
No mandamus can be issued.
In view of the alternative remedy available to the petitioner, the present petition is dismissed .
Order Date :- 14.12.2020
P Kesari
1 issue framed by the court
Whether a writ of mandamus can be issued directing recovery certificate execution.
2 provisions across 2 enactments
Punita Motwani
State Of U.P.
Respondent No. 3
Respondent No. 4
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
