Disposed

Rajesh Mahajan v. the State of Uttar Pradesh and 4 Others

Allahabad HC26 Sept 2022WRIC/29088/2022

Case brief

AI extract

What is this about?

In a writ petition for execution of a recovery certificate, the High Court dispensed with notice and ordered the District Magistrate to execute the certificate within two months, directing a speaking order if legal impediments exist.

What did the court decide?

Direction to District Magistrate, Gautam Budh Nagar to execute recovery certificate dated 08.10.2021 within two months; to pass speaking order within two weeks if legal impediments exist.

Rajesh Mahajan Vs the State of Uttar Pradesh and… — Execution and Attachment | Allahabad HC (2022)

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Court No. - 21 Case :- WRIT - C No. - 29088 of 2022 Petitioner :- Rajesh Mahajan Respondent :- The State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- CSC,Wasim Masood

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

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Heard Shri Sheetla Prasad Pandey, learned counsel for the petitioner 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 petitioner seeks issuance of a writ of mandamus directing respondent No.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 08.10.2021. It has been submitted by the petitioner that the recovery certificate against respondent No.5 was issued as far back as on 08.10.2021, but the same has not been executed by the District Magistrate so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 20.12.2019.

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Learned Standing Counsel representing respondent nos. 1 and 3 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.5 and dispose of the writ petition with direction to respondent-District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 08.10.2021 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.

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The petition stands disposed of .

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Order Date :- 26.9.2022 SK

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

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Digitally signed by SUSHEEL KUMAR Date: 2022.09.26 16:15:21 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Mahajan v. the State of Uttar Pradesh and 4 Others

Case brief

What is this about?

What did the court decide?

Rajesh Mahajan v. the State of Uttar Pradesh and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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