Disposed

Harish Singh v. State of U.P. and 4 Others

Allahabad HC23 Nov 2021WRIC/24392/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by directing the District Magistrate, Ghaziabad, to execute a recovery certificate dated 5.10.2020 for Rs. 40,37,852.62 against M/s Shyam Bildwel Pvt. Ltd. The notice to the debtor was dispensed with given the intent to dispose the matter finally.

What did the court decide?

Direction to the District Magistrate, Ghaziabad to execute the recovery certificate dated 5.10.2020 against M/s Shyam Bildwel Pvt. Ltd. as expeditiously as possible within one month.

Harish Singh Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2021)

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Court No. - 29

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Case :- WRIT - C No. - 24392 of 2021

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Petitioner :- Harish Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Kuldeep Kumar Mishra Counsel for Respondent :- C.S.C.,Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra,Wasim Masood

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Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.

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Heard Shri Kuldeep Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel representing the respondents No.1 & 4. Shri Sachin Mishra, learned counsel has put in appearance on behalf of the Respondent Nos.2 & 3.

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The petitioner seeks issuance of Writ of Mandamus directing the respondent No.3, District Magistrate, Ghaziabad to take appropriate action for executing the recovery certificate dated 5.10.2020 in Complaint No. NCR145/05/1158/2019 (Harish Singh versus M/s Shyam Bildwel Pvt. Ltd.). It has been submitted by the petitioner that the recovery certificate against the respondent No.5 was issued as far back on 5.10.2020, but the same has not been executed by the District Magistrate, Ghaziabad so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 5.12.2019.

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Learned Standing Counsel representing the respondent Nos. 1 and 4 submits that no fruitful purpose would be served by keeping the writ petition pending and the same can be disposed of directing the respondent No.4 to proceed with the recovery certificate.

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On perusal of the order-sheet, we find that the respondent No.5 against whom the recovery certificate is sought to be enforced has not been noticed. However, since we intend to dispose of the writ petition finally, the notice upon the respondent No.5 is dispensed with.

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In view of the above, the writ petition is finally disposed off with a direction to the respondent No.4, District Magistrate, Ghaziabad to make all endeavour to execute the recovery certificate dated 5.10.2020 which has been issued for recovery of Rs.40,37,852.62, as expeditiously as possible, preferably within a period of one month of serving a certified copy of this order upon him, if there is no other legal impediment.

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Order Date :- 23.11.2021 Ravi Prakash

Harish Singh v. State of U.P. and 4 Others

Case brief

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Harish Singh v. State of U.P. and 4 Others

Case brief

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