Court No. - 39
Case :- WRIT - C No. - 10685 of 2021 Petitioner :- Abhishek Mohan And 15 Others Respondent :- District Magistrate Ghaziabad And 4 Others Counsel for Petitioner :- Sudhir Kumar Pandey Counsel for Respondent :- C.S.C.,Mahesh Narain Singh,Ravi Prakash Pandey,Wasim Masood
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Sri Wasim Masood has put in appearance on behalf of the respondent no.2.
The petitioners claim to be flat owners who have purchased the plot developed by the respondent no.4. It appears that in separate proceedings initiated by the petitioners, the RERA had passed order in the year 2019.
There is no averment in the writ petition that order passed by RERA has not been subjected to appeal before the Real Estate Regulatory Authority.
The prayer in the writ petition is as follows:-
"i. Issue a writ, order or direction to the concerned District Magistrate of Ghaziabad, U.P. to execute the Recovery Certificates issued by the Ld. Uttar Pradesh Real Estate Regulatory Authority to the petitioners."
Considering the above, we dispose of the present writ petition with the only observation that in case the order passed by RERA has not been stayed in any legal proceedings, the District Magistrate, Ghaziabad shall be under obligation to execute the recovery certificate issued by RERA in the year 2019. In any case, the proceeding of execution of the recovery certificate shall be conducted strictly in accordance with law.
Order Date :- 27.7.2021 Radhika