Allahabad High Court
PAWANANJAY KUMAR JAINversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the Collector/District Magistrate to consider and dispose of the recovery matter pursuant to the recovery certificate within two months, finding no legal impediment to such direction.
Summary
Petitioner Pawananjay Kumar Jain filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the Collector/District Magistrate of Gautam Buddh Nagar to enforce a recovery certificate dated 27 November 2025 issued by the Uttar Pradesh Real Estate Authority (RERA) under Section 40 of the U.P. Real Estate (Development and Exchange) Act, 2016, in a dispute with M/s Spire Tech Park Private Ltd. The respondents, including the State of U.P. and RERA, did not oppose the direction for the Collector to act on the recovery certificate. The Court examined whether any legal impediment existed to compel the Collector to take action. Finding none, the Court ordered the Collector to consider and dispose of the recovery matter expeditiously, preferably within two months of the certified copy of the order. Consequently, the petition was disposed of with the specified direction.
Issues considered
- What legal authority does the Collector/District Magistrate have to enforce the recovery certificate issued by RERA under Section 40 of the U.P. Real Estate (Development and Exchange) Act, 2016?
- Whether a writ of mandamus can be issued directing the Collector to act on the recovery certificate.
Legislation cited
- U.P. Real Estate (Development and Exchange) Act, 2016 — s. 40
Subjects
- writ of mandamus
- recovery certificate
- U.P. Real Estate Authority
- Section 40
- administrative law
- Article 226
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17651 of 2026
Pawananjay Kumar Jain
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Pandey, Asit Kumar,
Raj 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 27.11.2025 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.
NCR144/02/116937/2024 (Pawananjay Kumar Jain Vs M/s Spire Tech Park Private
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. 17651 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 27.11.2025 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
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