Rajasthan High Court – Jaipur
Anand Kumar Sharma S/O Shri Arvind Kumar … vs The State Of Rajasthan … on 22 May, 2025
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2025:RJ-JP:21571]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19536/2024
Anand Kumar Sharma S/o Shri Arvind Kumar Sharma, Aged
About 38 Years, R/o Near Uco Bank, Behind Govt. Hospital
Bhusawar, District Bharatpur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through District Collector, Jaipur,
Rajasthan.
2. The Additional District Collector Cum Additional District
Magistrate (Iiird), And Officer-In-Charge (Recovery),
Jaipur.
3. M/s Shivshakti Realhome Private Limited, Having Its
Office At 501-503, Diamond Tower, Purani Chungi, Ajmer
Road, Jaipur-302019.
----Respondents
For Petitioner(s) : Mr. Ankit Agarwal with
Mr. Hemraj Rodiya
HON’BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
22/05/2025
The petitioner has filed the instant writ petition under Article
227 of the Constitution of India with the following prayer:-
“It is therefore most respectfully prayed
that this writ petition may kindly be
allowed, relevant record may kindly be
called for and by appropriate writ, order or
direction, direct the Respondent No.1 and
2 to make immediate and strict compliance
of Recovery Certificate No. F5 (450)
RJ/RERA/Recovery/2022/1300 dated
06.05.2022 issued by the Rajasthan Real(Downloaded on 21/06/2025 at 12:51:45 AM)
[2025:RJ-JP:21571] (2 of 3) [CW-19536/2024]Estate Regulatory Authority, Jaipur for
recovery of Rs.16,88,983/- from the
Respondent No.3, within three months or
within such timeline as may be drawn by
this Hon’ble Court.
Any, other order or direction which this
Hon’ble Court deem just and proper may also
be passed in favour of the petitioner. Cost
also may be awarded in favour of the
petitioner.”
Learned counsel submits that this writ petition for issuance
of Writ of Mandamus has been filed seeking directions to the
respondent No.1 District Collector, Jaipur to take appropriate
action/steps for execution of the recovery certificate issued on
06.05.2022 passed in pursuance of the order dated 01.07.2021 in
Complaint No.RAJ-RERA-C-2018-2430 (Anand Kumar Sharma Vs.
M/s Shivshakti Realhome Private Limited) by Rajasthan Real
Estate Regulatory Authority, Jaipur. He submits that recovery
certificate against respondent No.3 was issued on 06.05.2022 but
still petitioner is deprived of the fruits of successful litigation. He
further submits that no proper steps have been taken by
respondent No.1. In these circumstances, appropriate directions
may be issued to respondent No.1. He submits that the learned
RERA, Jaipur after carefully considering the complaint and giving
sufficient opportunity of hearing to both the parties, allowed the
complaint vide order dated 01.07.2021 in favour of the petitioner.
No appeal has been preferred by respondent No.3 thus, award has
attained finality.
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[2025:RJ-JP:21571] (3 of 3) [CW-19536/2024]
Considering the aforesaid facts and circumstances and also
considering the limited prayer made by counsel for the petitioner,
while dispensing with the service upon the respondents, the
instant writ petition is disposed of with direction to respondent
No.1, District Collector to make all endeavours to execute the
recovery certificate dated 06.05.2022 as expeditiously as possible,
preferably within a period of six months, if there is no legal
impediment. In case, there is any legal impediment, respondent
No.1 will pass a speaking order within a period of four weeks from
the date of receipt of certified copy of this order.
With the aforesaid directions, this writ petition stands
disposed of.
Stay application and pending applications, (if any), stand
disposed of.
(ANIL KUMAR UPMAN),J
LALIT MOHAN /47
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