Allahabad High Court
RAJENDRA PRASAD GOELversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the Collector/District Magistrate to consider and dispose of the recovery matter within two months, thereby granting the relief sought.
Summary
Petitioner Rajendra Prasad Goel filed a writ petition under Article 226 seeking a mandamus directing the Collector/District Magistrate of Gautam Buddh Nagar to enforce a recovery certificate dated 27‑01‑2026 issued by the Secretary of the U.P. Real Estate Authority under Section 40 of the U.P. Real Estate (Development and Exchange) Act, 2016 in a dispute with M/s WTC Noida Development Pvt. Ltd. The respondents, including the State of U.P. and the Real Estate Authority (RERA), did not oppose the direction to the Collector. The Court, after hearing counsel for both sides, ordered that the Collector consider and dispose of the recovery matter within two months of the certified copy of the order, provided no legal impediment exists. Consequently, the petition was disposed with the specified direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Collector/District Magistrate to execute the recovery certificate issued under Section 40 of the U.P. Real Estate (Development and Exchange) Act, 2016.
Legislation cited
- U.P. Real Estate (Development and Exchange) Act, 2016 — s. 40
Subjects
- writ petition
- mandamus
- recovery certificate
- U.P. Real Estate Authority
- administrative law
- Section 40
- Article 226
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17631 of 2026
Rajendra Prasad Goel
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Pandey, Asit Kumar,
Hitesh Kumar Mishra
Counsel for Respondent(s) : C.S.C., Mohd. Afzal
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Sri Srijan Pandey, learned Advocate has put in appearance on behalf of
the respondent No.- 3, namely RERA, Gautam Buddh Nagar by filing
vakalatnama which is taken on record.
2. Heard Sri Akhilesh Kumar Pandey, learned counsel for the petitioner,
Sri Srijan Pandey, 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 direct to the
Respondent No. 2 to the Collector/ District Magistrate Gautam Buddh Nagar to take
appropriate action for execute the recovery certificate dated 27.01.2026 issued by
respondent No. 3, Secretary U.P.Real Estate Regularity Authority, U/S 40 of U.P.
Real Estate (Development and Exchange) Act,2016 in complaint No.
NCR144/07/121734/2024 (Rajendra Prasad Goel Vs M/s WTC Noida Development
Pvt. Ltd.)."
4. Sri Srijan Pandey, learned counsel appearing for RERA and learned
Standing Counsel appearing for State respondents do not have any
objection in the event respondent No.- 2, namely Collector/ District
Magistrate, Gautam Budh Nagar is directed to decide the pending matter
of recovery in a stipulated period of time.
WRIC No. 17631 of 2026
2
5. In view of the above, this petition stands disposed of with a direction to
the respondent No.- 2 to consider and dispose of the matter of recovery
pursuant to the recovery certificate dated 27.01.2026 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.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 6, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
Checking your session…