The court disposed of a writ petition directed against the District Magistrate, Agra, mandating the expedited execution of an existing recovery certificate related to RERA authority orders.
Direction to District Magistrate, Agra to execute recovery certificate dated 12.12.2018 within two months.
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Court No. - 21
Case :- WRIT - C No. - 28084 of 2022
Petitioner :- Ram Kishan Maheshwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Puneet Arun Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The petitioner seeks issuance of a writ of mandamus directing respondent No. 2, District Magistrate, Agra, to take appropriate action for executing the recovery certificate dated 12.12.2018. It appears that the recovery certificate against respondent No. 5 was issued as far back as on 12.12.2018, but the same has not been executed by the District Magistrate, Agra, so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 9.3.2018.
Having regard to the facts of the case, we dispense with the service of notice upon respondent No. 5 and dispose of the writ petition with direction to respondent-District Magistrate, Agra to make serious endeavor to execute recovery certificate dated 12.12.2018, as expeditiously as possible preferably within a period of two months provided there is no legal impediment. In case, there is any legal impediment, the District Magistrate will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order.
The petition stands disposed of.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 17.9.2022 Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.09.17 12:10:33 IST Reason: Location: High Court of Judicature at Allahabad
Ram Kishan Maheshwari
State Of U.P.
District Magistrate, Agra
Jayant Banerji
Manoj Kumar Gupta
As recorded by the court registry
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