Ankit Awasthi Vs State of U.P. and 3 Others

Court No. - 46

Case :- WRIT - C No. - 35218 of 2021

Petitioner :- Ankit Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Astitva Srivastava,Pankaj Kumar Srivastava,Sasmita Srivastava Counsel for Respondent :- C.S.C.,Wasim Masood

¶4

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.

¶5

Heard Sri Astitva Srivastava, learned counsel for the petitioner and Sri Wasim Masood, learned counsel for the respondentRERA.

¶6

The prayer made in the writ petition is as follows:-

¶7

"(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 13.09.2019 issued by the Respondent no.2 in compliance of the order dated 07.03.2019 passed by the authority (RERA), so that petitioner may get his amount along with interest which he deposited in favour of the respondent no.4."

¶8

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.

¶9

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 13.09.2019, as expeditiously as possible, preferably within a period of two months from today under due intimation to the respondent no.4.

¶10

Order Date :- 7.1.2022 Radhika

Ankit Awasthi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ankit Awasthi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Shaharyar Vs Union of India and 3 Others

Eklakh Ahmad and Another Vs Union of India and 4 Others

Munvwar @ Razai @ Munvwar Ali and Another Vs Union of India and 4 Others

Atul Rai Vs State of U.P. and 8 Others

Smt. Prabha Tripathi Higher Secondary School Rajanipur, Jaunpur Vs State of U.P. and 3 Others

Jitendra Sharma Vs State of U.P. and 3 Others