Pawananjay Kumar Jain vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2026)

Pawananjay Kumar Jain vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No. 2 (Collector/District Magistrate, Gautam Budh Nagar) to consider and dispose of the matter of recovery pursuant to the recovery certificate dated 27.11.2025 as expeditiously as possible, preferably within two months from the date of presentation of certified copy of the order, if otherwise there is no legal impediment.

Issue for consideration

Whether a writ of mandamus should be issued directing respondent No. 2, Collector/District Magistrate, Gautam Buddh Nagar, to take appropriate action to execute the recovery certificate dated 27.11.2025 issued by respondent No. 3 under S. 40 of the U.P. Real Estate (Development and Exchange) Act, 2016 (as printed) in complaint No. NCR144/02/116937/2024.

Court's answer

Petition disposed of with a direction to respondent No. 2 (Collector/District Magistrate, Gautam Budh Nagar) to consider and dispose of the matter of recovery pursuant to the recovery certificate dated 27.11.2025 as expeditiously as possible, preferably within two months from presentation of certified copy of the order, if there is no legal impediment.

Detailed headnote1 paragraphs

WRIT - C No. 17651 of 2026 (Allahabad High Court, Court No. 1, decided May 6, 2026) — Petition under Article 226 of the Constitution by Pawananjay Kumar Jain seeking mandamus to respondent No. 2, Collector/District Magistrate, Gautam Budh Nagar, to execute the recovery certificate dated 27.11.2025 issued by respondent No. 3 (Secretary, U.P. Real Estate Regularity Authority, as printed) under S. 40 of the U.P. Real Estate (Development and Exchange) Act, 2016 (as printed) in complaint No. NCR144/02/116937/2024 (Pawananjay Kumar Jain Vs M/s Spire Tech Park Private Ltd.). Counsel for RERA and the State raised no objection to a time-bound direction. HELD: Petition disposed of with direction to respondent No. 2 to consider and dispose of the recovery matter pursuant to the recovery certificate dated 27.11.2025 as expeditiously as possible, preferably within two months from presentation of certified copy of the order, if there is no legal impediment. Bench: Ajit Kumar and Indrajeet Shukla, JJ. (no author designated).

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17651 of 2026

Pawananjay Kumar Jain

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Akhilesh Kumar Pandey, Asit Kumar,
	Raj Kumar Mishra
Counsel for Respondent(s)	: C.S.C., Mohd. Afzal

Court No. - 1

HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J.

Sri Srijan Pandey, learned Advocate has put in appearance on behalf of the respondent No.- 3, namely RERA, Gautam Buddh Nagar by filing vakalatnama which is taken on record.

Heard Sri Akhilesh Kumar Pandey, learned counsel for the petitioner, Sri Srijan Pandey, learned counsel for the RERA and learned Standing Counsel for the State respondents.

By means of this petition filed under 226 of the Constitution, petitioner has prayed for following relief:

"1. Issue a writ, order or direction in the nature of mandamus direct to the Respondent No. 2 to the Collector/ District Magistrate Gautam Buddh Nagar to take appropriate action for execute the recovery certificate dated 27.11.2025 issued by respondent No. 3, Secretary U.P.Real Estate Regularity Authority, U/S 40 of U.P. Real Estate (Development and Exchange) Act,2016 in complaint No. NCR144/02/116937/2024 (Pawananjay Kumar Jain Vs M/s Spire Tech Park Private Ltd.)."

Sri Srijan Pandey, learned counsel appearing for RERA and learned Standing Counsel appearing for State respondents do not have any objection in the event respondent No.- 2, namely Collector/ District Magistrate, Gautam Budh Nagar is directed to decide the pending matter of recovery in a stipulated period of time.

WRIC No. 17651 of 2026

2

In view of the above, this petition stands disposed of with a direction to the respondent No.- 2 to consider and dispose of the matter of recovery pursuant to the recovery certificate dated 27.11.2025 as expeditiously as possible preferably within a period of two months from the date of presentation of certified copy of this order, if otherwise, there is no legal impediment.

(Indrajeet Shukla,J.) (Ajit Kumar,J.)

May 6, 2026 IrfanUddin

Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad