The petitioner filed a writ petition to quash a recovery citation and attachment order. The petition was dismissed as withdrawn by the court with liberty to file a fresh petition. Counsel highlighted the availability of a statutory remedy under RERA.
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Court No. - 39 Case :- WRIT - C No. - 3462 of 2021 Petitioner :- Grand Venezia Commercial Towers Pvt. Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pushkar Mehrotra Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no.1 to 3 and Shri Wasim Masood, learned counsel appearing on behalf of respondent no. 4.
The instant petition has been filed seeking following reliefs :
"(i) Issue a writ, order or direction in the nature of certiorari quashing the Recovery Citation dated 09.12.2020 (Annexure No.1) issued by Tehsildar Gautam Budh Nagar and attachment order/letter dated 1.1.2021 passed by Sub Divisional Magistrate Sadar, Gautam Budh Nagar (Annexure No. 2) to this Writ Petition,
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to take any coercive steps against the directors and officer of the petitioner."
Shri Wasim Masood, learned Counsel appearing on behalf of respondent no. 4 submits that the recovery citation dated 09.12.2020 issued by the Tehsildar, Gautam Budh Nagar and the order dated 01.01.2021 passed by the Sub Divisional Magistrate, Sadar, Gautam Budh Nagar pertains to the decision taken by the RERA in the case of Amarjit Kaur in pursuance of order dated 25.10.2019 passed by RERA. The said order has not been challenged by means of the present petition. He has also pointed out that the petitioner has a remedy under Section 44 of the Real Estate (Regulation and Development) Act, 2006 to approach the Real Estate Regulatory Authority (RERA) Appellate Tribunal against the order dated 25.10.2019.
At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to file a fresh petition.
In view of the above, the present writ petition is dismissed as withdrawn with liberty to file a fresh petition.
Order Date :- 9.2.2021 VR/
1 provisions across 1 enactments
Grand Venezia Commercial Towers Pvt. Limited
State Of U.P.
4 Others
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
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