Disposed

Kamal Chauhan and 2 Others v. State of U.P. and 3 Others

Allahabad HC19 Sept 2022WRIC/28208/2022

Case brief

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What is this about?

The High Court disposed of a writ petition seeking execution of a recovery certificate by the District Magistrate. The court directed the District Magistrate to execute the certificate expeditiously within two months, subject to no legal impediment.

What did the court decide?

Direction to District Magistrate, Ghaziabad to execute recovery certificate dated 23.06.2021 within two months or pass a speaking order if any legal impediment exists.

Kamal Chauhan and 2 Others Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 21

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Case :- WRIT - C No. - 28208 of 2022

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Petitioner :- Kamal Chauhan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- C.S.C.,Wasim Masood

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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Order on Civil Misc. Amendment Application No.NIL of 2022 (filed today)

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Heard learned counsel for the parties.

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The amendment application is allowed. Let the necessary amendments be carried out in the cause title during course of the day.

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Order on Writ Petition

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Heard Shri Ajay Kumar Sharma, learned counsel for the petitioners and learned Standing Counsel representing respondent Nos.1 and 3. Shri Wasim Masood, learned counsel has put in appearance on behalf of respondent No.2.

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The petitioners seek issuance of a writ of mandamus directing respondent No.3, District Magistrate, Ghaziabad to take appropriate action for executing the recovery certificate dated 23.06.2021. It has been submitted by the petitioners that the recovery certificate against respondent No.4 was issued as far back as on 23.06.2021, but the same has not been executed by the District Magistrate so far and the petitioners are being denied the fruits of the order of RERA Authorities passed in favour of the petitioners on 07.02.2020.

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Learned Standing Counsel submits that no fruitful purpose would be served by keeping the writ petition pending and the same can be disposed of directing the District Magistrate to proceed with the execution of 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-District Magistrate, Ghaziabad to make serious endeavor to execute recovery certificate dated 23.06.2021 as expeditiously as possible preferably within a period of two months provided there is no

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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.

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The petition stands disposed of . Order Date :- 19.9.2022 SK

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by SUSHEEL KUMAR Date: 2022.09.20 10:08:18 IST Reason: Location: High Court of Judicature at Allahabad

Kamal Chauhan and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Kamal Chauhan and 2 Others v. State of U.P. and 3 Others

Case brief

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