Ratan Buildtech Pvt. Ltd. Kanpur Thru. Its Practicing Company Secy. Mr. Alakh Pandey v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Deptt. U.P. Govt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 8892 of 2023 Petitioner :- Ratan Buildtech Pvt. Ltd. Kanpur Thru. Its Practicing Company Secy. Mr. Alakh Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. U.P. Govt. Lko. And Others Counsel for Petitioner :- Prashant Kumar Singh,Ashok Kumar Singh,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 30.06.2023 and recovery citation dated

22.08.2023. 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.410 of 2023; 'Ratan Buildtech Pvt. Ltd. Vs. Raginee Singh' in which notices were issued on

21.06.2023. In the said order appellate authority itself has noted that the amount under challenge in appeal is already deposited by petitioner. However, appellate authority while issuing notices had not granted any stay to the petitioner despite noting the fact that the amount has already deposited in furtherance of order of RERA authority. Now the Collector concerned is proceeding to recover the amount under the order of RERA and this amounts to double recovery of amount under the order of RERA. Learned counsel for petitioner has also submitted that after the notice were issued, 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 22.08.2023 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