Allahabad High Court
NEELU SOFATversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the District Magistrate must decide the matter expeditiously in accordance with law, and therefore a writ of mandamus is appropriate.
Summary
The petitioner, Neelu Sofat, filed a writ petition seeking a mandamus directing the District Magistrate of Gautam Buddha Nagar to execute a recovery certificate dated 28‑01‑2021 issued under Section 40(1) of the Uttar Pradesh RERA Act. The petitioner alleged that despite the certificate, the magistrate had taken no action to recover the arrears of land revenue. The respondents argued that the magistrate would decide the matter expeditiously. After hearing both sides and examining the record, the Court ordered the District Magistrate to decide the matter strictly in accordance with law, as expeditiously as possible, preferably within four weeks of the order. The petition was consequently disposed with the direction to the magistrate, and the right to seek modification of the order was reserved.
Issues considered
- Whether the District Magistrate is duty-bound to execute the recovery certificate issued under Section 40(1) of the Uttar Pradesh RERA Act.
- Whether a writ of mandamus can be issued to compel the District Magistrate to act on the recovery certificate.
Legislation cited
- Uttar Pradesh Real Estate (Regulation and Development) Act, 2016 — s. 40(1)
Subjects
- mandamus
- writ petition
- recovery certificate
- District Magistrate
- Uttar Pradesh RERA Act
- land revenue
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39966 of 2026
Neelu Sofat
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Chandra, Rahul Mishra
Counsel for Respondent(s) : C.S.C., Mohd. Afzal
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
respondent Nos.1 & 2 and Sri Mohd. Afzal, learned counsel for
respondent No.3.
2. The petitioner has preferred the present petition with the following
prayer:-
I. Issue an appropriate writ, order or direction in the nature of
MANDAMUS commanding the Respondent no. 2, District
Magistrate Gautam Buddha Nagar to execute/expedite the
recovery process pursuance/compliance of of recoverable
amount the Recovery in Certificate No.2144/
यू.पी०रेरा/क्षे०का०/वसूली/2020-21 under Section 40(1) dated
28.01.2021 issued by the Secretary, UP- RERA Authority,
Gautam Complaint No. as Buddha Nagar in
NCR144/01/0315/2020 (Neelu Sofat Vs. M/s Uttam Steels and
Associates (Consortium)/Ansal Hi-Tech Township Ltd. arrears
of land revenue along with interest within such period of time
as this Hon'ble Court may deem fit and proper; AND/OR
3. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the respondent/respondents to notice and
keeping this petition pending before this Court. However, in case
respondent/respondents feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.
WRIC No. 39966 of 2026
2
4. It is argued by learned counsel for the petitioner that despite the
recovery certificate dated 28.01.2021 issued by the respondent No.3, no
action has been taken by the respondent No.2/District Magistrate, Gautam
Budh Nagar.
5. On the other hand, it is argued by learned Standing Counsel that
respondent No.2 will take a decision in the matter expeditiously.
6. Heard learned counsel for the parties and perused the record.
7. In the facts and circumstances of the case, the present petition is
disposed of directing the respondent No.2/District Magistrate, Gautam
Budh Nagar to take a decision in the matter strictly in accordance with
law most expeditiously and preferably within a period of four weeks from
the date of production of certified copy of this order unless there is no
legal impediment.
(Vivek Saran,J.) (Prakash Padia,J.)
October 1, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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