The High Court dismissed a writ petition seeking execution of a recovery certificate due to inadequate pleadings regarding whether the originating order was challenged.
None; writ petition dismissed for inadequate pleadings.
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Court No. - 2
Case :- WRIT - C No. - 3089 of 2022
Petitioner :- Ajay Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Utkarsh Kumar Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Learned counsel for the petitioner states that pursuant to an order passed by the Uttar Pradesh Real Estate Regulatory Authority, though recovery certificate has been issued, however, recovery certificate has not been executed by the District Magistrate.
When we put a query to the learned counsel for the petitioner as to whether the order passed by the Uttar Pradesh Real Estate Regulatory Authority, pursuant to which recovery certificate has been issued, has been appealed against or challenged before any other higher forum or court, learned counsel for the petitioner fails to given such information.
In case the order of the Uttar Pradesh Real Estate Regulatory Authority is under challenge and there is an interim order passed by the appellate authority/forum or any other higher forum, it is not possible for us to issue any direction to the District Magistrate to execute recovery certificate.
In view of the aforesaid inadequate pleadings, the writ petition is hereby dismissed . However, the petitioner will be at liberty to institute fresh writ petition with adequate pleadings.
Order Date :- 25.5.2022 Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.05.25 16:27:34 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition can be proceeded with in the absence of adequate pleadings regarding the appeal status of the impugned order?
Ajay Kumar Gupta
State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Govt. Of U.P.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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