Dismissed

Mahadeva Estate Villa Pvt. Ltd. Sadar Dental Kalindi Park Lko. Thru. Its Director Jai Prakash Singh v. State of U.P. Thru. Collector Lko. and 2 Others

Allahabad HC11 May 2022/2660/2022

Case brief

AI extract

What is this about?

The petitioner challenged recovery proceedings initiated by revenue authorities based on an order of the Real Estate Regulatory Authority that had not been challenged. The court held the writ petition was misconceived and dismissed it.

What did the court decide?

None. The writ petition challenging the recovery proceedings was dismissed.

Mahadeva Estate Villa Pvt. Ltd. Sadar Dental Kalindi… — Property and Title | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 2660 of 2022

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Petitioner :- Mahadeva Estate Villa Pvt. Ltd. Sadar Dental Kalindi Park Lko. Thru. Its Director Jai Prakash Singh Respondent :- State Of U.P. Thru. Collector Lko. And 2 Others Counsel for Petitioner :- Arvind Kumar Kushwaha Counsel for Respondent :- C.S.C.,Km. Vishwa Mohini

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner, learned State Counsel and Shri Vishwa Mohini, learned counsel for the respondent no.3.

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By means of these proceedings instituted under Article 226 of the Constitution of India challenge has been made to the recovery proceedings initiated against the petitioner for realization of certain amount as ordered by the Real Estate Regulatory Authority on some complaints made by the respondent no.3.

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The order passed by the Real Estate Regulatory Authority pursuant to which the recovery certificate has been issued and has not been challenged. The recovery certificate is being executed by the revenue authorities pursuant to an order dated 09-03-2022 passed by this Court in a petition filed by the respondent no.3 under Article 227 of the Constitution of India, bearing No.206 of 2022. By the said order dated 09-03-2022 the Court has observed that since the recovery certificate has already been issued, therefore, the district authorities shall take appropriate action within two months.

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It is this recovery which has been challenged by the petitioner in a writ petition.

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Learned counsel for the petitioner could not satisfy the Court as to on what ground the recovery proceedings can be quashed by us in these proceedings especially keeping in view the fact that the order pursuant to which the recovery certificate has been issued has not been challenged.

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The writ petition is highly misconceived and it is accordingly dismissed.

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Order Date :- 11.5.2022 pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.05.11 14:32:29 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mahadeva Estate Villa Pvt. Ltd. Sadar Dental Kalindi Park Lko. Thru. Its Director Jai Prakash Singh v. State of U.P. Thru. Collector Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Mahadeva Estate Villa Pvt. Ltd. Sadar Dental Kalindi Park Lko. Thru. Its Director Jai Prakash Singh v. State of U.P. Thru. Collector Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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