JUDGMENT :

Manish Kumar, J.

1. Shri Shobhit Mohan Shukla, Advocate appears for respondent No. 3.

Shri Manjive Shukla, Advocate appears for respondent Nos. 2 and 5.

Shri S.B. Pandey, learned A.S.G assisted by" Shri Mahendra Mishra appears for respondent No. 1.

2. By this writ petition, a challenge is made to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (for short 'Act of 2016').

3. The challenge is also made to order dated 25.7.2019 passed by the Real Estate Regulatory Authority (in short 'the authority') and also the recovery certificate dated 21.11.2019.

4. The writ petition has been pressed mainly to challenge to Section 43(5) of the Act of 2016. The order of Real Estate Regulatory Authority has also been challenged, though for which an appeal is maintainable before the Real Estate Appellate Tribunal.

5. Learned counsel submits that a complaint was filed against the petitioner before the Real Estate Regulatory Authority. An order in pursuance to it was passed on 25.7.2019 in ignorance of the jurisdiction under the Act of 2016. In pursuance to the order aforesaid, recovery certificate was issued on 21.11.2019. The petitioner is having a remedy of appeal against