Court No. - 39
Case :- WRIT - C No. - 17627 of 2021 Petitioner :- Shobha Jaiswal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Tripathi Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Supplementary affidavit filed today is taken on record.
At the very outset, learned counsel for the petitioner submitted that the petitioner does not want to press the first prayer in the writ petition. He only seeks to press prayer no.II of the prayer clause.
Heard Sri Atul Tripathi, learned counsel for the petitioner and Sri Wasim Masood, learned counsel for the respondent- RERA.
The petitioner herein is an allottee who seeks for a mandamus directing the respondent no.3 i.e. the District Magistrate, Gautam Buddha Nagar to execute the recovery certificate dated 13.02.2020 issued by the Real Estate Regulatory Authority (RERA), Gautam Budh Nagar.
In the supplementary affidavit filed today, it is stated in para 5 that the respondent No.5 has not challenged the order, passed by the RERA Authority, before the Appellate Authority.
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, Gautam Buddha Nagar to make endeavour to execute the recovery certificate dated 13.02.2020, as expeditiously as possible, preferably within a period of two months from today under due intimation to the respondent no.5.
Order Date :- 19.8.2021 Nitin Verma