Court No. - 39
Case :- WRIT - C No. - 17233 of 2021 Petitioner :- Atin Sen Respondent :- Union Of India And Others Counsel for Petitioner :- Haidar Ali Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, Sri Santosh Kumar Singh learned Advocate has put in appearance on behalf of respondent no. 1 and learned Standing Counsel for the State- respondents.
The petitioner herein who seeks for a mandamus directing the respondent no. 2 i.e. the District Magistrate, Gautam Budh Nagar to execute the recovery certificate dated 13.9.2019 issued by the Real Estate Regulatory Authority (RERA), Gautam Budh Nagar.
It is contended that no appeal has been filed by the respondent no. 4/Promoter to challenge the decision of RERA fixing his liability to repay the petitioner/allottee.
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, Ghaziabad to make endeavour to execute the recovery certificate dated 13.9.2019 to its logical end, as expeditiously as possible, preferably within a period of two months from today under due intimation to the respondent no.4.
Order Date :- 19.8.2021 Brijesh Digitally signed by SUNITA AGARWAL Date: 2021.08.25 10:29:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.08.25 10:30:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad