Partly allowed

Jitendra Kumar Rajput v. State of U.P. and 3 Others

Allahabad HC11 Jul 2022WRIC/18949/2022

Case brief

AI extract

What is this about?

Court directed District Magistrate, Gautam Budh Nagar to execute a recovery certificate of Rs. 47,03,010.95 within two months or pass a speaking order if facing legal impediments.

What did the court decide?

Direction to District Magistrate, Gautam Budh Nagar to execute recovery certificate of Rs. 47,03,010.95 expeditiously within two months or pass speaking order.

Jitendra Kumar Rajput Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 21 Case :- WRIT - C No. - 18949 of 2022 Petitioner :- Jitendra Kumar Rajput Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Agarwal,Anshul Kumar Singhal Counsel for Respondent :- CSC,Wasim Masood

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard learned counsel for the petitioner and learned Standing Counsel representing the respondents No.1 & 2. Sri Wasim Masood, learned counsel has put in appearance on behalf of the Respondent No. 3.

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The petitioner seeks issuance of writ of mandamus directing the respondent No.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 14.02.2022 in Complaint No.145/08/57897/2020 (Jitendra Kumar Rajput Vs. M/s Ansal Housing Limited). It has been submitted by the petitioner that the recovery certificate against the Respondent No.4 was issued as far back on 14.02.2022, but the same has not been executed by the District Magistrate, Gautam Budh Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 13.7.2021.

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Learned Standing Counsel representing the respondent Nos. 1 and 2 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.2 to proceed with the recovery certificate.

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Having regard to the above submissions, we dispense with the service of notice upon respondent no. 4 and dispose of the writ petition with direction to respondent no. 2 i.e. District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 14.02.2022 for a sum of Rs. 47,03,010.95/- as expeditiously as possible preferably within a period of two months provided there is no legal impediment. In case, respondent no. 2 is unable to execute the recovery certificate on account of any legal impediment, he will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order.

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The petition stands disposed of.

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Order Date :- 11.7.2022/Pratima

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(Dr.Y.K.Srivastava,J.) (Manoj Kumar Gupta, J.)

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Digitally signed by PRATIMA AGRAHARI Date: 2022.07.11 17:54:46 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra Kumar Rajput v. State of U.P. and 3 Others

Case brief

What is this about?

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Jitendra Kumar Rajput v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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