Allahabad High Court
SAURABH VOHRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that it could direct the Collector/District Magistrate to consider and dispose of the recovery matter under the recovery certificate, as there is no legal impediment.
Summary
The petitioner, Saurabh Vohra, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the Collector/District Magistrate of Gautam Budh Nagar (respondent 3) to enforce a recovery certificate dated 6 January 2026 issued under Section 40 of the Real Estate (Regulation and Development) Act, 2016, in accordance with an order dated 13 October 2025 passed under Section 31 of the same Act. The petition arose from a complaint (NCR144/09/113393/2023) before the Real Estate Regulatory Authority (RERA) of Gautam Buddh Nagar (respondent 2). The respondents, including RERA and the State, did not object to the direction, indicating that the Collector could decide the pending recovery matter within a stipulated period. The Court examined whether it could issue a mandamus to compel the Collector to act on the recovery certificate and found no legal impediment to such direction. Consequently, the Court disposed of the petition, directing the Collector to consider and dispose of the recovery matter as expeditiously as possible, preferably within two months of the order. The order was signed by Justices Swarupama Chaturvedi and Ajit Kumar on 18 March 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Collector/District Magistrate to enforce a recovery certificate issued under Section 40 of the Real Estate (Regulation and Development) Act, 2016.
- Whether there is any legal impediment to directing the Collector to dispose of the recovery matter within a specified time frame.
Legislation cited
Subjects
- writ of mandamus
- Article 226
- Real Estate (Regulation and Development) Act
- Section 31
- Section 40
- recovery certificate
- RERA
- High Court of Allahabad
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10221 of 2026
Saurabh Vohra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Sharma, Rahul Kumar
Mishra
Counsel for Respondent(s) : C.S.C., Mohd. Afzal
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Sri Sayujya Singh, learned Advocate has put in appearance on behalf of
the respondent No.- 2, namely RERA, Gautam Buddh Nagar by filing
vakalatnama which is taken on record.
2. Heard Sri Rahul Kumar Mishra, learned counsel for the petitioner, Sri
Sayujya Singh, learned counsel for the RERA and learned Standing
Counsel for the State respondents.
3. By means of this petition filed under 226 of the Constitution, petitioner
has prayed for following relief:
"1. Issue a writ, order or direction in the nature of mandamus commanding the
respondent no. 3 to ensure recovery of amount from respondent no. 4 and payment to
petitioner in compliance of recovery certificate dated 06.01.2026 (Annexure no.2)
issued under Section 40 of 2016 Act in pursuance of order dated 13.10.2025
(Annexure no.1) passed under Section 31 Real Estate (Regulation and Development)
Act, 2016 in complaint no. NCR144/09/113393/2023 within stipulated period."
4. Sri Sayujya Singh, learned counsel appearing for RERA and learned
Standing Counsel appearing for State respondents do not have any
objection in the event respondent No.- 3, namely Collector/ District
Magistrate, Gautam Budh Nagar is directed to decide the pending matter
of recovery in a stipulated period of time.
5. In view of the above, this petition stands disposed of with a direction to
the respondent No.- 3 to consider and dispose of the matter of recovery
WRIC No. 10221 of 2026
2
pursuant to the recovery certificate dated 6th January, 2026 as
expeditiously as possible preferably within a period of two months from
the date of presentation of certified copy of this order, if otherwise, there
is no legal impediment.
(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
March 18, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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