Petitioner sought enforcement of a RERA recovery order against a private company. Court directed District Magistrate to decide a pending representation within four months. Court expressly declined to adjudicate the claim on merits.
Direction to District Magistrate to decide the representation dated 11.01.2019 within four months.
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Court No. - 39 Case :- WRIT - C No. - 10115 of 2019 Petitioner :- Uttam Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manjari Singh,Kunal Ravi Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Kunal Ravi Singh, learned counsel for the petitioner and the learned Standing Counsel appearing for Respondent Nos. 1 and 3.
The petitioner in the present writ petition is seeking a direction to Respondent Nos. 2 and 3 to take effective steps for enforcement of order dated 18.04.2018 passed in Complaint No. 920171358 (Uttam Kumar vs. M/S Mist Direct Sales Private Limited) within a period of one month and to recover the amount as per the recovery certificate dated 18.12.2018.
The counsel for the petitioner submits that a detailed representation dated 11.01.2019 has been submitted to the District Magistrate, Gautam Budh Nagar giving complete particulars of the promoters of the company against which recovery has been issued and also the other companies which are related to the promoter and a prayer has been made to ensure the compliance of the order passed by the RERA authority.
No useful purpose would be served in keeping the writ petition pending.
The writ petition is accordingly disposed of with a direction to the District Magistrate, Gautam Budh Nagar, Respondent No.3 to consider and decide the representation dated 11.01.2019 submitted by the petitioner within a period of four months from the date of production of a certified copy of this order, in accordance with law after due notice and opportunity to all the parties concerned.
It is made clear that we have not adjudicated the claim of the petitioner on merit.
Order Date :- 26.3.2019 Imroz
[Dr. Y. K. Srivastava, J.] [B. Amit Sthalekar, J.]
1 provisions across 1 enactments
Uttam Kumar
State Of U.P.
District Magistrate, Gautam Budh Nagar
B. Amit Sthalekar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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