Disposed

M.D. Karnadhar v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning, Civil Secrt. Lko. and Others

Allahabad HC25 May 2022/3099/2022

Case brief

AI extract

What is this about?

The Court disposed of the writ petition directing the District Magistrate to execute a recovery certificate dated 14.08.2021 for realization of an amount within four months, and directed the Real Estate Regulatory Authority to proceed expeditiously with a Section 63 application against the other respondent.

What did the court decide?

Direction to District Magistrate to execute recovery certificate dated 14.08.2021 within four months; direction to Authority to proceed with Section 63 application against respondent No.5.

M.D. Karnadhar Vs State of U.P. Thru. Prin. Secy… — Consumer Protection | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 3099 of 2022

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Petitioner :- M.D. Karnadhar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning, Civil Secrt. Lko. And Others Counsel for Petitioner :- Mandeep Singh,Adarsh Pratap Singh,Mohit Gupta

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Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla

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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 Sri Shobhit Mohan Shukla, learned counsel for Real Estate Regulatory Authority.

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By means of this petition, prayer has been made to issue appropriate direction to the District Magistrate concerned for executing the recovery certificate dated 14.08.2021 issued by the Secretary, Real Estate Regulatory Authority for realizing the amount in terms of the judgment and order dated 18.11.2020 passed by the Real Estate Regulatory Authority. Further prayer is to issue a direction to respondent No.2 to complete the proceeding against respondent No.5 in terms of Section 63 of Real Estate (Regulation & Development) Act, 2016.

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In paragraph-6 of the writ petition, it has been stated by learned counsel for the petitioner that no appeal against the order dated 18.11.2020 has been preferred.

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Accordingly, having regard to the aforesaid facts, this petition is finally disposed of with a direction to District Magistrate concerned to execute the recovery certificate dated 14.08.2021 and recover the amount thereof expeditiously as far as possible within a period of four months from the date a certified copy of this order is produced before him, if there is no legal impediment.

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Respondent No.2 is also directed to proceed with the application said to have been preferred by the petitioner under Section 63 of Real Estate (Regulation & Development Act, 2016 and decide the same as expeditiously as possible after due notice etc. to respondent No.5.

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Order Date :- 25.5.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.05.25 16:27:49 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

M.D. Karnadhar v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning, Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

M.D. Karnadhar v. State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning, Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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