Allahabad High Court
SHASHI JAIN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that there is no legal impediment and therefore directed the Collector to enforce the recovery certificate within two months.
Summary
Petitioner Shashi Jain filed a writ petition under Article 226 seeking a mandamus directing the Collector/District Magistrate of Gautam Budh Nagar to enforce a recovery certificate dated 06.10.2023 issued under Section 40 of the Real Estate (Regulation and Development) Act, 2016, pursuant to an order under Section 31 dated 25.05.2022. The petition alleged that the respondent Collector had not acted on the certificate and sought expeditious recovery of the amount due. The respondents, including the State and RERA, raised no objection to the Collector being directed to decide the pending recovery matter within a stipulated period. The Court examined whether any legal impediment existed to issuing a mandamus and found none. Consequently, the Court disposed of the petition, directing the Collector to consider and dispose of the recovery matter within two months of the order.
Issues considered
- Whether the High Court can issue a mandamus under Article 226 directing the Collector/District Magistrate to enforce a recovery certificate issued under Section 40 of the Real Estate (Regulation and Development) Act, 2016.
- Whether any legal impediment exists to the enforcement of the recovery certificate.
Legislation cited
Subjects
- mandamus
- Article 226
- Real Estate (Regulation and Development) Act
- recovery certificate
- collector
- district magistrate
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10248 of 2026
Shashi Jain And Another
.....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 06.10.2023 (Annexure no.2)
issued under Section 40 of 2016 Act in pursuance of order dated 25.05.2022
(Annexure no.1) passed under Section 31 Real Estate (Regulation and Development)
Act, 2016 in complaint no. NCR144/11/84705/2021 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
WRIC No. 10248 of 2026
2
the respondent No.- 3 to consider and dispose of the matter of recovery
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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