Court No. - 39
Case :- WRIT - C No. - 17580 of 2021 Petitioner :- Shashi Gupta Respondent :- State of U.P.
Counsel for Petitioner :- Ujjawal Satsangi Counsel for Respondent :- Anjali Upadhya,Wasim Masood
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, Ms. Anjali Upadhyay learned Advocate has put in appearance on behalf of respondent no. 4 and Sri Wasim Masood learned Advocate for the respondent-RERA.
The present writ petition has been filed with the following reliefs:-
"(a) Issue a writ, order or direction directing Respondent No. 3 to decide the Execution Application of the petitioner dated 31.09.2019 filed in NCR144/05/1148/2019 within a period of 2 months.
(b) Issue a writ, order or direction directing Respondent No. 1 to 3 to take necessary action, including issuance of Recovery Citation, for the compliance of Order passed by Respondent No. 4 in NCR144/05/1148/2019.
(c) Issue a writ, order or direction to Respondent No. 4 for complying with the Order dated 21.9.2019 passed by Respondent No. 3 in NCR144/05/1148/2019.
(d) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(e) Award costs to the petitioner.
Digitally signed by SUNITA AGARWAL Date: 2021.08.25 10:29:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
(f) Pass any such other order/s as may be deemed fit and proper"
It is stated that in the writ petition that the promoter/builder/respondent no. 4 has not filed appeal against the order passed by the RERA. The execution application is pending since 31.12.2019 before the RERA and as such the petitioner could not get back the money for a long time.
Considering the above, without entering into the merits of claim of the petitioner, the writ petition is disposed of with the direction to the respondent no. 3 namely the Registrar, U.P. Real Estate Regulatory Authority, Circle Office, Gautam Budh Nagar to decide the execution application dated 31.12.2019 pending before it, in accordance with law, by passing a reasoned and speaking order, preferably, within a period of two weeks from the date of receipt of copy of this order.
Order Date :- 19.8.2021 Brijesh Digitally signed by Justice Deepak Verma Date: 2021.08.25 10:30:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad