Court No. - 40
Case :- WRIT - C No. - 17945 of 2021 Petitioner :- Pushplata Baranwal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Tripathi Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 3; Sri Wasim Masood for respondent no.4; and perused the record.
The prayer in this petition, after deletion of prayer no.1, is to direct the third respondent (District Magistrate, Gautam Budh Nagar) to execute the recovery certificate issued by the U.P. Real Estate Regulatory Authority, dated 11th December, 2020, under Section 40 of the Real Estate (Regulation and Development) Act, 2016.
A supplementary affidavit has been filed today, which is taken on record. In paragraph 5 of the supplementary affidavit, it is stated that to the knowledge of the petitioner, the fifth respondent against whom recovery is directed has not preferred any appeal against the order by which recovery is directed.
Sri Wasim Masood, who appears for the fourth respondent, is not in a position to state whether any interim order is operating against the recovery proceeding.
In view of the order that we propose to pass, we do not deem it appropriate to issue notice to the fifth respondent. We, therefore, without expressing any opinion with regard to existence of any stay or legal impediment operating against the recovery proceeding, deem it appropriate to dispose off this petition by requiring the third respondent (District Magistrate, Gautam Budh Nagar) to bring the recovery proceedings to its logical conclusion, expeditiously, preferably, within a period of three months from the date of production of a copy of this order in his office, after serving a notice upon the fifth respondent. Needless to add that if the fifth respondent demonstrates that there is a stay order or legal impediment to the recovery, the third respondent shall abide the same by recording his reasons in writing.
With the aforesaid observation/direction, the petition is
disposed off.
Order Date :- 24.8.2021. Rks.