M/S Alpine Infra Projects Ltd., Ghaziabad Thru. Authorized Representative, Mr. Neeraj Gupta v. Hari Prasad Yadav

Allahabad HC16 Feb 2026RERA/34/2025

Case brief

AI extract

What is this about?

RERA appeal against U.P. Real Estate Appellate Tribunal order directing restoration of possession of a flat to the allottee. The High Court admitted the appeal on three substantial questions of law concerning the Tribunal's findings and suo motu powers, and stayed execution of the impugned order with status quo on the unit.

What did the court decide?

Execution of Tribunal's order dated 27.01.2025 kept in abeyance; parties to maintain status quo on the unit till next listing.

M/S Alpine Infra Projects Ltd., Ghaziabad Thru. Authorized Representative, Mr. Neeraj Gupta vs Hari Prasad Yadav — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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RERA APPEAL No. - 34 of 2025

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M/S Alpine Infra Projects Ltd., Ghaziabad Thru. Authorized Representative, Mr. Neeraj Gupta

.....Appellant(s)

Versus

Hari Prasad Yadav

.....Respondent(s) Counsel for Appellant(s) : Anurag Singh, Anurag Verma, Suryansh Narula, Utkarsh Kumar Counsel for Respondent(s) : Gautam Johri, Achintya Kumar Ojha, Sudeep Kumar

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Court No. - 19

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Shri Sanjay Bhasin, learned Senior Advocate assisted by Shri Anurag Singh and Shri Anurag Shukla, learned counsel for the appellant and Shri Sudeep Kumar, learned Senior Advocate assisted by Shri Gautam Johari, learned counsel for respondents and perused the material available on record.

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By means of the present appeal under Section 58 of the Real Estate (Regulation & Development) Act, 2016, the appellant has challenged the order dated 27.01.2025 passed by learned U.P. Real Estate Appellate Tribunal in Appeal No. 5 of 2023 in Re: Hari Prasad Yadav Vs. M/s Alpine Infra Projects Private Ltd.

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On the basis of submissions made by learned counsel for the appellant and the material on record, the following substantial questions of law are being framed:

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(i) Whether learned Appellate Tribunal was justified in directing "restoration of possession of the unit in favour of the appellant even though the unit was never ever in possession of the respondent?

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(ii) Whether the finding recorded by learned Appellate Tribunal is perverse and contrary to the record to the extent that during pendency of the appeal the third party right was created, as well as, conveyance deed of unit was executed on 27.09.2023 by the respondents

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RERA No. 34 of 2025

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deliberately and willfully misrepresenting and playing fraud before the RERA authority/Tribunal and with the third party.?

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(iii) Whether the learned Appellate Tribunal is vested with the power for initiating proceedings under Chapter VIII of the U.P. Real Estate (Regulation & Development) Act, 2016 suo-moto or on its own motion specifically in the absence of any pleading and prayer in the appeal?

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The appeal is admitted in terms of the aforesaid substantial questions of law.

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Looking to the facts and circumstances of the case, this Court find it appropriate to grant the following interim relief:-

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(i) The execution proceedings pursuant to the impugned order dated order dated 27.01.2025 passed by learned U.P. Real Estate Appellate Tribunal in Appeal No. 5 of 2023 In Re: Hari Prasad Yadav Vs. M/s Alpine Infra Projects Private Ltd., shall remain in abeyance.

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(ii) Till the next date of listing the parties shall maintain status quo in respect of the unit in question.

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List this case in the week commencing 23.03.2026.

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(Syed Qamar Hasan Rizvi,J.)

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February 16, 2026

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Virendra

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

M/S Alpine Infra Projects Ltd., Ghaziabad Thru. Authorized Representative, Mr. Neeraj Gupta v. Hari Prasad Yadav

Case brief

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M/S Alpine Infra Projects Ltd., Ghaziabad Thru. Authorized Representative, Mr. Neeraj Gupta v. Hari Prasad Yadav

Case brief

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