LA RESIDENTIA DEVELOPERS PVT. LTD. Vs. STATE OF U. P.
LAWS(ALL)-2021-1-146
HIGH COURT OF ALLAHABAD
Decided on January 29,2021

La Residentia Developers Pvt. Ltd. Appellant
VERSUS
STATE OF U. P. Respondents

JUDGEMENT

- (1.) Heard Sri Manish Singh with Sri Pratik Chandra and Sri Azhar Ikram, learned counsel for the petitioner. Sri Wasim Masood has put in appearance on behalf of respondents.
(2.) The writ petition has been filed with the following prayers: "(i) Issue an appropriate writ, order or direction declaring the section 24(a) of the U.P. Real Estate Regulatory Authority (General) Regulation, 2019 as ultra vires and contrary to the section 21 and 85 of the RERA Act. (ii) Issue a writ, order or direction in the nature of Certiorari quashing order dated 8.5.2019 passed Regulatory Authority / Bench No. I, U.P. RERA Regional Office, Gautam Budh Nagar, in Complaint No. 6201811573 (Maninder Singh Vs. La Residentia Developers Pvt. Ltd.). (iii) Issue a writ, order or direction in the nature of Certiorari quashing order dated 15.9.2020 passed Regulatory Authority / Bench No. I, U.P. RERA Regional Office, Gautam Budh Nagar, in Complaint No. 6201811573 (Maninder Singh Vs. La Residentia Developers Pvt. Ltd.). (iv) Issue a writ, order or direction in the nature certiorari quashing the impugned Recovery Certificate dated 27.10.2020 issued by opposite party no. 4. (v) Issue a writ, order or direction in the nature of mandamus not to give effect the impugned recovery certificate dated 27.10.2020 issued by opposite party no. 4. (vi) Issue a writ, order or direction in the nature of mandamus directing the state respondents not to initiate coercive measures pursuant to the impugned recovery certificate issued by opposite party no. 4."
(3.) The petitioner has challenged the orders passed by Real Estate Regulatory Authority (in short "RERA") dated 8.5.2019 and 15.9.2020 though an appeal against the said order lies under Section 43(5) of Real Estate (Regulation and Development) Act, 2016 (in short "Act of 2016").;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.