Allahabad High Court
VISHAL SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed with a cost of Rs.10,000 and no contempt proceedings are ordered.
Summary
Petitioner Vishal Singh filed a writ petition alleging that despite orders of the RERA authority, the respondent had not transferred possession of a flat or released funds, claiming he had deposited money but was denied possession. The petitioner later testified that he had actually taken possession of the flat on 09-10-2023 and that the sale deed was executed in his favour. The Court found that the petitioner had made false and misleading statements in the petition. Consequently, the Court dismissed the petition, imposed a cost of Rs.10,000, but refrained from initiating contempt proceedings. The petitioner was directed to pay the cost within two weeks and to furnish receipt to the District Magistrate within three weeks.
Issues considered
- Whether the petitioner’s allegations of non‑possession and non‑payment despite RERA orders are true.
- Whether the writ petition should be dismissed on account of false statements made by the petitioner.
- Whether contempt proceedings should be ordered against the petitioner.
Legislation cited
Subjects
- RERA
- possession
- sale deed
- false statements
- contempt
- cost
- writ petition
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36049 of 2026
Vishal Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akashi Agrawal, Vidit Agarwal
Counsel for Respondent(s) : C.S.C., Mohd. Afzal
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Pursuant to the order dated 23.09.2026 passed by this Court, Sri Vishal
Singh, petitioner is present before the Court in person. He is duly
identified by his counsel namely Ms. Akashi Agrawal, Advocate.
2. It is stated in paragraph Nos.12 and 14 of the writ petition that despite
the orders of RERA authority, the respondent no. 4 has yet not released
any amount nor is intended to transfer the possession of the flat in favor
of the petitioner and since the petitioner has deposited the money but till
date possession of the flat has not been given to the petitioner. Paragraph
Nos.12 & 14 of the writ petition reads as follows:-
12. That despite the orders of RERA authority, the respondent
no. 4 has yet not released any amount nor is intended to
transfer the possession of the flat in favor of the petitioner.
14. That the petitioner is going through a tough time since we
have deposited hard earned money and has not even opting to
be possession of the flat.
3. It is stated by the petitioner at the Bar before the Court that he took the
possession of the flat on 09.10.2023 and the sale deed was also executed
in his favour.
4. In this view of the matter, we are of the opinion that wrong and
incorrect avements have been made by the petitioner in the petition in
WRIC No. 36049 of 2026
2
order mislead the Court, therefore, we are of the opinion that instant
petition not only be dismissed with exemplary costs but contempt
proceedings may have also drawn against the petitioner parallelly for
which question to be framed against the petitioner.
5. At this stage, Sri Vishal Singh, petitioner as well as Ms. Akashi
Agrawal, learned counsel for the petitioner made a request to the Court to
take lenient view and prays to dismiss the present petition as withdraw.
6. Taking a lenient view, the writ petition is dismissed with cost of
Rs.10,000/- and no contempt proceedings be drawn against the petitioner.
7. The aforesaid cost will be deposited by the petitioner within two weeks
from today in the High Court Legal Services Committee, Allahabad and
place the receipt before the District Magistrate, Gautam Budh Nagar
within three weeks failing which the District Magistrate, Gautam Budh
Nagar will recover the aforesaid amount/cost from the petitioner as land
revenue.
8. Registrar (Compliance) is directed to communicate a copy of this order
to District Magistrate, Gautam Budh Nagar forthwith.
(Vivek Saran,J.) (Prakash Padia,J.)
September 30, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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