The Court disposed of the writ petition by directing the District Magistrate, Gautam Buddha Nagar, to execute a recovery certificate expeditiously within two months.
Direction to District Magistrate, Gautam Buddha Nagar to execute the recovery certificate dated 21.08.2019 within two months.
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Court No. - 46
Case :- WRIT - C No. - 35084 of 2021
Petitioner :- Jitendra Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Srivastava,Astitva Srivastava,Sasmita Srivastava Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Wasim Masood, learned counsel for the respondent- RERA.
The prayer made in the writ petition is as follows:-
"(i) Issue a writ order or direction in the nature of Mandamus commanding the respondent no.3 to recover the amount from the respondent no.4 as per recovery certificate dated 21.08.2019 issued by the respondent no.2 in compliance of the order dated 07.03.2019 passed by the authority so that petitioner may get her amount along with interest which she deposited in favour of the respondent no.4."
Sri Wasim Masood learned counsel for the respondent- RERA stated that the respondent no.4/ promoter/ builder has not challenged the order passed by U.P. Real Estate Regulatory Authority by invoking provisions of Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016.
Considering the above, without entering into the merits of the claim of the petitioner, the present petition is being disposed of with the direction to the District Magistrate, Gautam Buddha Nagar to make endeavour to execute the recovery certificate dated 21.08.2019, as expeditiously as possible, preferably within a period of two months from today under due intimation to the respondent no.4.
Order Date :- 7.1.2022 Radhika
Jitendra Sharma
State Of U.P.
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
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