Court No. - 52
Case :- WRIT - C No. - 18807 of 2019 Petitioner :- Ram Vilash Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Yogesh Kumar Mishra, counsel for the petitioners, learned Chief Standing Counsel for the State of U.P./ respondent nos. 1 and 2 and Sri Waseem Masood Khan, counsel for the respondent no. 3.
This writ petition has been filed for issuance of mandamus directing the respondent no. 3 to decide the representation of the petitioner.
In the representation, it has been stated that the petitioner was allotted a residential plot on 24.06.2014, for which, petitioner has paid the entire amount required by the respondent no. 3 but the possession over the allotted land has not been given to the petitioner till today, as such, petitioner has moved an application for refund of his money along with interest.
Learned counsel for the respondent no. 3 submits that the representation /complaint is required to be filed according to Rule 33 of U.P. Real Estate (Regulation and Development) Act, 2016 and no such complaint has been filed by the petitioner till today.
In the facts of the case, this writ petition is disposed of giving liberty to the petitioner to file complaint according to Rule 33 of U.P. Real Estate (Regulation and Development) Act, 2016 within a period of two weeks.
In case, any complaint is filed by the petitioner, then Chairman/ Secretary, Real Estate Regulating Authority, U.P., respondent no. 3 shall pass appropriate order on it within a period of two months thereafter.
Order Date :- 30.5.2019 Nadim