Ratan Buildtech Pvt. Ltd. Thru. Practising Company Secy. Mr. Alakh Pandey v. State of U.P. Thru. Prin.Secy. Housing and Urban Planning Deptt. and 5 Others

Court No. - 3 Case :- WRIT - C No. - 8886 of 2023 Petitioner :- Ratan Buildtech Pvt. Ltd. Thru. Practising Company Secy. Mr. Alakh Pandey Respondent :- State Of U.P. Thru. Prin.Secy. Housing And Urban Planning Deptt. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh,Preeti Kumari,Sudeep Kumar Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Petitioner is permitted to correct the prayer clause during course of the day.

¶2Heard learned counsel for parties.

¶3Petitioner has approached this Court challenging the recovery certificate dated 25.08.2023 and recovery citation dated

30.06.2023. The same is passed in furtherance of order passed by the RERA authority.

¶4Learned counsel for petitioner submits that he has filed an appeal bearing Appeal No.0901126065142022 along with a stay application. During pendency of appeal the amount is already deposited by petitioner under the order of RERA. Despite this fact, the Collector concerned is proceeding to recover the amount under the order of RERA and this amounts to double recovery. Learned counsel for petitioner has also submitted that since filing of appeal the appellate authority is not available as some of its members have retired, hence, he approached this Court.

¶5In the given facts and circumstances of the case, the recovery citation dated 30.06.2023 shall remain stayed till orders are passed by the appellate authority on the stay application of petitioner.

¶6With the aforesaid, the writ petition is disposed of. Order Date :- 13.10.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench