WRIT - C No. 42613 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:36034-DB Court No. - 29 Case :- WRIT - C No. - 42613 of 2024 Petitioner :- Harendra Kumar Roy And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioners are home buyers. They approached the Real Estate Regulatory Authority (RERA) raising complaint against the builder under Section 31 of the Real Estate (Regulation and Development) Act, 2016. Certain orders in favour of the petitioners were passed. These orders, however, were not complied and the execution application was kept pending. During pendency of the execution application the builder i.e. respondent no. 4 has cancelled the petitioners' allotment on the ground that there was default on part of the petitioners in depositing the amount as per the allotment order. Counsel for the petitioners argues that once a complaint had already been raised before the RERA and orders were passed against the builder, there was no occasion for the builder to have cancelled the allotment. It is also submitted that RERA has acted arbitrarily in not executing the