Ats Realty Private Ltd. New Delhi Thru. Authorized Representative Mr. Mohit Singh v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Deptt. Lko. and 5 Others

Court No. - 8 Case :- WRIT - C No. - 10960 of 2023 Petitioner :- Ats Realty Private Ltd. New Delhi Thru. Authorized Representative Mr. Mohit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 5 Others Counsel for Petitioner :- Niraj Kumar Srivastava,Anita Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel and perused the material available on record.

¶2The present petition has been filed challenging the recovery certificate dated 18.09.2023 issued against the petitioner in pursuance to the order dated 18.01.2023 passed by the opposite party No.3.

¶3It is informed by the learned counsel for the petitioner that against the said order dated 18.01.2023, the appeal has already been preferred along with stay application, however, as the appellate court was not constituted, the stay application and the appeal had not been adjudicated and the recovery is being pressed upon.

¶4Shri Shobhit Mohan Shukla, appearing on behalf of the respondents states, on instructions, that the appellate tribunal has been constituted and will start sitting with effect from

18.12.2023.

¶5In view of the said statement, it is agreed in between the parities that the stay application filed by the petitioner should be adjudicated by the appellate tribunal which is commencing its sitting from 18.12.2023 with all expedition.

¶6Considering the said submission, the present petition is disposed off directing the appellate tribunal to hear and decide the stay application filed by the petitioner in Appeal No.0901126052952023 within a period of four weeks with effect from 18.12.2023.

¶7Till the decision on the stay application, no steps shall be taken for recovery of the amount in terms of the recovery certificate dated 18.09.2023.

¶8The appellate tribunal shall thereafter endeavour to decide the appeal itself with all expedition.

¶9The petition is disposed off in the aforesaid terms. Order Date :- 16.12.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench