Allahabad High Court
/10005/2025 of RAVI KHANNA Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO AND 3 OTHERS on 13 October 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10005 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-respondent Nos.1, 2, learned counsel for respondent
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 10005 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-respondent Nos.1, 2, learned counsel for respondent No.3 and Shri Abhishek Khare, learned counsel, who appears on behalf of respondent No.4.
2. This writ petition has been filed with the following prayers : "I. Issue a writ, order or direction in the nature of mandamus commanding respondent no.2 and 3 to ensure the compliance of the Recovery Certificate dated 19-10-2024 ( Annexure No.1) in a time bound manner.
II. Issue any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case as also in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that an order was passed by the Uttar Pradesh Real Estate Regulatory Authority, Lucknow (UPRERA) on 30.05.2024 in favour of the petitioner, allowing his complaint and against the opposite party No.4. A recovery certificate was issued on 19.10.2024 by the Adjudication Officer, opposite party No.3, directing recovery of an amount of Rs.13,81,008/-, but such recovery has not yet been made. Hence, this petition has been filed.
4. Learned counsel appearing for the respondent No.4-Lucknow Versus Counsel for Petitioner(s) : Atul Tripathi, Amit Yadav Counsel for Respondent(s) : C.S.C., Abhishek Khare, Shobhit Mohan Shukla Ravi Khanna .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko And 3 Others .....Respondent(s)
Development Authority has produced before this Court a copy of the order dated 30.05.2024 passed by UPRERA in favour of the petitioner and has read out the operative portion of the order, wherein mention has been made of period relating to Covid-19, i.e., from 25.03.2020 to 25.09.2020, which is not to be counted for the purpose of determination of interest. He has pointed out that, in the recovery certificate issued on 19.10.2024, the six months exempted from being calculated for the purpose of interest by UPRERA have been ignored. The L.D.A. proposes to file a correction/modification application with respect to the order dated 19.10.2024.
5. This petition is disposed of with the direction to the L.D.A. to move such an application within one week from today. The Adjudication Officer shall decide such application and issue a fresh recovery certificate, if need be, within a period of three weeks thereafter. October 13, 2025 Shubhankar WRIC No. 10005 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench