Disposed

Anupam Gupta v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning Lko. and 3 Others

Allahabad HC24 Sept 2024WRIC/8281/2024

Case brief

AI extract

What is this about?

The High Court listed a writ petition challenging a Recovery Certificate issued without an opportunity of hearing to the developer. The court noted the petitioner's grievance regarding interest computation and the lack of hearing but declined immediate adjudication. A reference was made to the remedy of filing an application for rectification of the certificate, and the matter was listed for furth

What did the court decide?

Matter listed for further hearing on 19.11.2024.

Anupam Gupta vs State of U.P. Thru. Prin… — Contract and Commercial Disputes | Allahabad HC (2024)

¶1

Court No. - 3

¶2

Case :- WRIT - C No. - 8281 of 2024

¶3

Petitioner :- Anupam Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Lko. And 3 Others Counsel for Petitioner :- Atul Tripathi Counsel for Respondent :- C.S.C.,Abhishek Khare,Shobhit Mohan Shukla

¶4

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

¶5

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents no. 1 and 2, Sri Shobhit Mohan Shukla, learned counsel for opposite party no.3 and Sri Abhishek Khare learned counsel appearing for opposite party no.4.

¶6

This petition has been filed with the following main prayer:-

¶7

"Issue a writ, order or direction in the nature of Mandamus commanding respondent no. 2 and 3 to ensure the compliance of the Recovery Certificate dated 29-05-2024 (Annexure No. 1) in a time bound manner."

¶8

Learned counsel for opposite party no.4 has pointed out the order passed by the Adjudicating Officer of U.P. RERA dated 29.05.2024 in compliance of which has been prayed for in this writ petition.

¶9

It has been submitted that interest for the period between 27.04.2013 to 26.10.2016 was not to be computed and not to be given as per the order passed by the UPRERA dated 26.02.2020 confirmed in appeal. The recovery certificate has been issued taking into account this period which ought to have been exempted.

¶10

On specific query being made by the Court to the learned counsel for Lucknow Development Authority whether the Adjudicating Officer while issuing the recovery certificate gets an opportunity of hearing to the promoter /developer. It has been stated by Sri Abhishek Khare that no opportunity of hearing was given by the Adjudicating Officer while issuing recovery certificate.

¶11

The remedy for the developer/opposite party no.4 is only to file an application for rectification of the recovery certificate.

¶12

List this matter on 19.11.2024.

¶13

(Brij Raj Singh, J.) (Sangeeta Chandra,J.) Order Date :- 24.9.2024 dk/

¶14

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Anupam Gupta v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Anupam Gupta v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepak Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Food and Civil Supplies Lko. and Another

Shiv Kumar Alias Shiv Kumar Yadav vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning Deptt. Govt. of U.P. Lko. and 4 Others

Aditya Nath Dixit vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 3 Others

Pragati Shakya and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Housing and Urban Planning Lko and 3 Others

Smt. Savita Mishra vs State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Lko and 5 Others

Deepak Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Food and Civil Supplies Lko. and Another