/10062/2025 of SHIV SHANKAR PAL Vs STATE OF U.P. THRU. PRIN. SECY. HOUSINGH AND URBAN PLANNING DEPTT. AND 3 OTHERS on 14 October 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10062 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned State Counsel, who appears on behalf of the State-respondents and Shri Shobhit Mohan Shukla, learned counsel for the respondent no2. This writ petition has been filed by the petitioner with the following main prayer : "Issue a writ, order, or direction in the nature of mandamus commanding No.3 (District Magistrate, Lucknow) to forthwith execute the Recovery Certificate issued by Respondent No.2 (UP RERA) and recover the decretal amount from Respondent No.4 (Builder) 7 and release the same to the petitioner within a stipulated time frame by this Hon'ble court." It is the case of the petitioner that the petitioner had filed a complaint against respondent no.4, M/S Vasundhara Lotus Infratech Pvt. Ltd. before the U.P. RERA, as despite the entire payment having been made, the flat was not allotted to the petitioner. U.P. RERA decided the complaint in favour of the petitioner by its judgment and order dated 02.12.2021 and directed the refund of the principal amount of Rs.8,00,000/- along with interest to the petitioner. For execution of the order, a recovery certificate was issued on 04.11.2022 by the Secretary, RERA, showing the total amount due as Rs.13,50,997/-. The said certificate has not been executed, and payment has not been made to the petitioner. Learned Standing Counsel, on the basis of written instructions, states that recovery proceedings are going on against respondent no.4. R.C. Form Versus Counsel for Petitioner(s) : Raj Kumar Singh Counsel for Respondent(s) : C.S.C., Shobhit Mohan Shukla Shiv Shankar Pal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housingh And Urban Planning Deptt. And 3 Others .....Respondent(s)

No.38 was issued on 04.09.2025 for attachment of movable property. The judgment debtor later deposited some amount, and a sum of Rs.2,50,000/- having been recovered, has been sent to U.P. RERA through Cheque No.807600 dated 30.11.2023. The remaining amount is being attempted to be recovered from the property of respondent no.4. A copy of such instructions is kept on record. The writ petition is, accordingly, disposed of with a direction to respondent no.3, District Magistrate, Lucknow, to ensure that the recovery certificate issued by the Secretary, RERA is duly executed and the amount recovered from respondent no.4 is deposited before U.P. RERA within three months, in case there is no legal impediment. October 14, 2025 Mahesh WRIC No. 10062 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench