Allahabad High Court

A227/7505/2025 of ROYALGOLF LINK CITY PROJECTS PVT. LTD. THRU. AUTHORIZED SIGNATORY Vs U.P. REAL ESTATE APPELLATE TRIBUNAL, LKO. THRU. REGISTRAR AND 4 OTHERS on 19 December 2025

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JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7505 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Shraddha Agarwal, learned counsel for the petitioner, Sri Aviral Singh, Advocate holding brief of Sri Shobhit Mohan Shukla, learned counsel for the opp. party

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 7505 of 2025

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

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1. Heard Ms. Shraddha Agarwal, learned counsel for the petitioner, Sri Aviral Singh, Advocate holding brief of Sri Shobhit Mohan Shukla, learned counsel for the opp. party Nos.1/U.P. Real Estate Appellate Tribunal and 2/Real Estate Regulatory Authority.

2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought a direction to the U.P. Real Estate Appellate Tribunal for expeditious disposal of an application for interim relief filed by the petitioner along with his appeal on 15.12.2025.

3. Submission of the learned counsel for the petitioner is that as a pre- requisite for filing the appeal, the petitioner has already paid the entire amount awarded by the R.E.R.A. before the Tehsildar, Gautam Budh Nagar on different dates to the tune of Rs.54,62,750/-, yet the execution proceedings has been issued by the opp. party No.2. It is further submitted that Section 44(5) of the Real Estate (Regulation and Development) Act, 2016 provides that an appeal preferred under sub-Section (1) of Section 44 shall be dealt with by the Appellate Tribunal as expeditiously as possible and an endeavor shall be made by the Tribunal to dispose of the appeal within a period of 60 days from the date of receipt of the appeal.

4. Learned counsel for the opp. parties have submitted that the appeal filed by the petitioner has yet not been registered. Further, the appeal has been filed along with an application for interim relief, which is also required to be disposed off.

5. As order for attachment has been issued by the Adjudicating Officer, RERA Versus Counsel for Petitioner(s) : Fuhar Gupta, Shraddha Agarwal Counsel for Respondent(s) : Shobhit Mohan Shukla, Shobhit Mohan Shukla Royalgolf Link City Projects Pvt. Ltd. Thru. Authorized Signatory .....Petitioner(s) U.P. Real Estate Appellate Tribunal, Lko. Thru. Registrar And 4 Others .....Respondent(s)

in furtherance an order passed by the R.E.R.A. Annexure-20 annexed to the petition evidences deposit of Rs.54,62,750/- When the petitioner has already deposited the amount awarded by the R.E.R.A., and the third party rights have been created, it will not be expedient in the interest of justice to proceeded with the execution proceedings pending decision of the application for interim relief by the Real Estate Appellate Tribunal.

6. Accordingly, this petition is disposed off, requesting the U.P. Real Estate Appellate Tribunal to decide the appellation for interim relief filed by the petitioner and the appeal itself, expeditiously.

7. As the petitioner has already deposited the entire amount awarded by the R.E.R.A., it is provided that till decision of the appeal, the execution proceedings in furtherance of order dated 16.10.2025 passed by the U.P. R.E.R.A. in Complaint No.NCR14/01/0466/2020: Harendra Kumar Roy and Nikita Roy Vs. Royal Golf Link City Project Pvt. Ltd. shall remain stayed. December 19, 2025 Ram. A227 No. 7505 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

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