- (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 27.8.2019 passed Regulatory Authority / Bench No. II, U.P. RERA Regional Office, Gautam Budh Nagar, in Complaint No. NCR144/05/0460/2019 (Narendra Nath Pandey and Jyoti Pandey Vs. M/s Geotech Promoters Pvt. Ltd.). (iii) Issue a writ, order or direction in the nature certiorari quashing the impugned Recovery Certificate dated 27.2.2020 issued by opposite party no. 4. (iv) Issue a writ, order or direction in the nature of mandamus not to give effect the impugned recovery certificate dated 27.2.2020 issued by opposite party no. 4. (v) 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 dated 27.2.2020 issued by opposite party no. 4."
(3.) The petitioner has challenged the order passed by Real Estate Regulatory Authority (in short "RERA") dated 27.8.2019 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").;