Disposed

Prakash Ahuja v. State of U.P. and 3 Others

Allahabad HC26 Sept 2022WRIC/29096/2022

Case brief

AI extract

What is this about?

In a writ petition, the court disposed of the suit with directions to the District Magistrate, Ghaziabad, to execute a recovery certificate dated 11.08.2022 issued in favor of the petitioner relating to RERA authorities order within two months, subject to no legal impediment.

What did the court decide?

Directed the District Magistrate, Ghaziabad to execute the recovery certificate dated 11.08.2022 within two months, subject to no legal impediment, and to pass a speaking order within two weeks if any

Prakash Ahuja Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 29096 of 2022 Petitioner :- Prakash Ahuja 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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Heard Shri Ajay Kumar Sharma, 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, Ghaziabad to take appropriate action for executing the recovery certificate dated 11.08.2022. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on 11.08.2022, 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 16.03.2022.

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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.4 and dispose of the writ petition with direction to respondent-District Magistrate, Ghaziabad to make serious endeavor to execute recovery certificate dated 11.08.2022 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 16:15:24 IST Reason: Location: High Court of Judicature at Allahabad

Prakash Ahuja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Prakash Ahuja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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