Created by Fuzzy Cloud

Allahabad High Court

TARUN ANAND AND ANOTHERversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

The Court declined to issue a mandamus and disposed of the writ petition.

Summary

Petitioners filed a writ petition seeking a mandamus directing Respondent No.2 (RERA) to expedite the handover of possession of a unit and to return delay interest in a complaint. The petition alleged that the application filed on 20.01.2026 was pending. Respondent No.2 contended that the hearing on the application was ongoing and would be concluded expeditiously. The Court, after hearing counsel, found no need to issue any further order as the matter was already being dealt with. Consequently, the writ petition was disposed without granting the relief sought.

Issues considered

  • Whether the High Court should issue a writ of mandamus directing the respondent to expedite possession and return delay interest.

Subjects

  • writ petition
  • mandamus
  • possession
  • delay interest
  • RERA
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                    WRIT - C No. - 18042 of 2026

                                    Tarun Anand And Another
                                                                                                             .....Petitioner(s)
                                                                                Versus

                                    State Of Uttar Pradesh And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Akashi Agrawal, Vidit Agarwal
                                    Counsel for Respondent(s)                    :   C.S.C., Mohd. Afzal

                                    Court No. - 40
                                                            HON'BLE SARAL SRIVASTAVA, J.
                                                            HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    the State and Sri Mohd. Afzal, learned counsel for the respondent
                                    No2./RERA.

                                    2. Petitioners by means of the present writ petition have prayed for the
                                    following relief:

                                              "I. Issue a writ, order or direction in the nature of mandamus direction the
                                              Respondent No. 2 to expedite the application (Annexure-3) dated
                                              20.01.2026 to handover the physical possession of the unit and return the
                                              delay interest amount in complaint No. NCR144/08/99202/2022 within
                                              stipulated period."

                                    3. Sri Mohd Afzal, learned counsel for the respondent No.2 submits that
                                    on the application of the petitioners, the hearing is going on and the
                                    matter shall be concluded expeditiously.

                                    4. In view of such fact, no further order is required to be passed.

                                    5. Accordingly, the writ petition is disposed of.



                                                                           (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 7, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.