- (1.) Heard Sri Siddhartha Singhal, holding brief of Sri Swapnil Rastogi, learned counsel for the petitioner, Sri Vinay Kumar Pathak, learned counsel for Respondent No.1, Girish Vishvakarma, learned standing counsel for Respondent No.2 and Sri Jagdish Prasad holding brief of Sri Wasim Masood, learned counsel for Respondent Nos. 3 and 4.
(2.) This writ petition has been filed praying for the following reliefs: "(a) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 30.09.2019 passed by Adjudicating Officer, Regional Office, Uttar Pradesh, Real Estate Regulatory Authority, Gautambudh Nagar in Complaint Case No. ADJ/120185832 (Sarika Tulsian and another vs. Vibhor Vaibhav Infrahome Pvt. Ltd.) (Annexure No. 1); (b) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned recovery certificate dated 25.06.2020 issued by Adjudicating Officer, Regional Office, Uttar Pradesh, Real Estate Regulatory, Gautambudh Nagar (Annexure No. 2); (c) Issue an appropriate writ, order or direction declaring the proviso to Section 43(5) of Real Estate (Regulation & Development) Act, 2016 as arbitrary, ultra vires to the constitution being in conflict and contradictory to the spirit of the Real Estate (Regulation & Development) Act, 2016."
(3.) Learned counsel for the petitioner has stated that the petitioner is not pressing the relief no.'c'. Facts;